Using Technical Experts Effectively in Litigation

First and second-year associates may have little interaction with expert witnesses involved in litigation matters. This presentation is a primer for attorneys to illustrate (from the expert’s perspective), the relationship between the attorney and expert in an accident reconstruction situation.

Introduction
Role of the Technical Expert
1. Understanding the Objectives of the Assignment
  1. The bigger picture
  2. What the client really wants
  3. Communication, communication
2. Collection and Review of Background Data: What Does the Expert Really Need
  1. Types of materials to review
    1. Interrogatories
    2. Depositions
    3. Photographs
    4. Accident reports
    5. Technical support documents
  2. Determining the scope of work
3. Technical Analysis
  1. Measurement techniques
  2. Inspections
    1. Product inspection
      1. Physical measurements
      2. Photographs
      3. Documentation
    2. Site Inspection
      1. Site survey
      2. Photogrammetry
      3. Documentation
  3. Types of measurements
  4. Accuracy of measurements
  5. Validity of measurements
  6. Reliability of measurements
  7. Applying theory to practice
  8. Analysis techniques
  9. Simulation techniques
  10. Solutions
  11. Combining measurement with analysis
  12. Presentation of results
Role of the Litigator
1. Process Planning
2. Understanding the Nature of the Problem to be Analyzed
3. Locating the Right Technical Expert
4. Where to Find the Expert
5. Types of Technical Experts
6. How to Determine if the Expert is Qualified
7. Monitoring and Communication
  1. Keeping an open communication with your expert
  2. Keeping your expert on-track and within budget
8. Comprehending the Results of the Investigation
Presentation to the Jury
1. Preparation of the expert
2. Determination of the proper demonstration tools to use
3. Logistics
Schedule and Preparation
1. Expert investigation and analysis schedule
2. Exhibit preparation schedules
Conclusion