We assist legal teams in scrutinizing the work of expert witnesses.

Expert witnesses can have significant influence on the outcome of litigated matters. Good expert work can fail to deliver, while erroneous expert work can prevail. Too often expert witnesses are a wild card in litigation, and a potential credibility liability for counsel. 

By gaining a deeper understanding of the expert work performed in a litigated matter, a clearer picture of risks and opportunities for the litigation can be identified. The development of a good strategy can reign in the unpredictability an expert has on litigation.

Courts are required to act as gatekeepers in their scrutiny of experts. We believe counsel is best served when they apply a gatekeeping approach in evaluating their own experts and in evaluating opposing experts. Whether it is making certain our client’s experts withstand Daubert challenges or in challenging opposing experts, Rule 702 Advisors can strengthen that work.

Our experience stretches over three decades, involving thousands of litigated matters, cumulatively with trillions of dollars of disputed claims. We assist solo practitioners to the nation’s largest firms and government counsel, from small to huge cases. We work nationally and have experience in litigated issues in all 50 states.

Our experience includes a wide variety of case and expert types. Our scrutiny process covers essentially all forms of experts. That said, our focus typically relates to commercial litigation issues, with significant experience on white collar crime matters. The types of experts we typically deal with include:

  • Appraisers and valuers
  • Assessment experts
  • Business practices experts
  • Economists
  • Financial analysts
  • Forensic examiners
  • Historians
  • Quantity surveyors
  • Real estate specialists
  • Statisticians
  • Survey Researchers

We provide value to our clients. Through our efficient and focused work, we keep our costs low and can provide pathways to reduce the overall litigation expenses. As a result our costs usually are a wash. Our objective is to assist our clients in lowering their litigation risks, while increasing their probability of a favorable outcome.

We assist our clients in tailoring our services to fit their needs. Examples of work we can do includes providing:

  • A flat-fee, low-cost Rule 702-centric assessment of an expert witness’s report with recommendations on strengths, weaknesses, and a strategy for handling the expert.
  • A recommendation for what to look for in hiring an expert witness, based on the theory of the case. This would include possible instructions for the expert and a proposed scope of work.
  • Support services in assessing an opposing expert’s work, strategy development for managing the expert, and deposition and trial support in examining the expert.

We work with our clients in setting up services within an established budget that meets their needs.

Why not hire a rebuttal witness to scrutinize another expert? The service we provide is from a different perspective than that of a rebuttal witness. Rebuttal witnesses can be skilled at identifying technical errors and/or professional standards violations. We look at things differently than a rebuttal witness. Their perspective must be from that of their profession, but our perspective is from the theory of the case. That is a fundamental difference. We examine the logic of the expert’s work, how that work pairs with the theory of the case, whether an extremely qualified expert has the proper qualifications to opine on the litigation, the assumptions the expert relies upon, among other methodologies. We are adept at spotting key issues and opportunities that may exist that aren’t initially apparent to others.

Additionally, the advisory services we provide are privileged. This us to have conversations with our clients that could pose problems with designated witnesses.

Knowing what to look for in experts is what we do.

We look forward to assisting you.

Tel: +1 202.368.9803

Email: [email protected]