Expert insights, legal technology trends, and best practices for working with expert witnesses
Category: Timing and Instruction of Expert Witnesses - If cost sensitivity drives much of the late-instruction problem, would making pre-dispute expert costs reliably recoverable actually fix it? This piece tests the idea honestly, finding real but partial value, and lays out what counsel can do now, regardless of the applicable cost regime, to strengthen a future recoverability argument.
Category: Timing and Instruction of Expert Witnesses - When an expert is instructed too late, counsel blames a hesitant client and clients blame a lawyer who never made the case clearly. Both accounts are usually partly right. This piece examines how clients, counsel, and structural industry factors each genuinely contribute to delay, and why moving past blame toward a documented early checkpoint works better than assigning fault after the fact.
Category: Timing and Instruction of Expert Witnesses - Late expert instruction traces back to one of three distinct root causes, cost sensitivity, role misunderstanding, or genuine legal-team strategy, each with its own psychology and its own specific fix. This piece breaks down all three, shows how they compound and disguise each other, and offers a diagnostic for identifying which one is actually driving delay in a given case.
Category: Timing and Instruction of Expert Witnesses - "It depends on the case" is technically true and, in most instances of late expert instruction, doing almost no explanatory work. This piece challenges the default excuse directly, distinguishes genuine case-specific judgment from simple process failure, and proposes a reframed question that shifts the burden of justification toward explaining delay rather than earliness.
Category: Timing and Instruction of Expert Witnesses - The same technical analysis costs meaningfully more, and carries meaningfully more risk, when compressed into a post-filing timeline than when started pre-dispute. This piece breaks down exactly why: rush premiums, reduced review capacity, elevated error risk, and costs that show up in legal fees and supplemental work rather than the expert's own invoice.
Category: Timing and Instruction of Expert Witnesses - Expert instruction timing is rarely a deliberate strategic decision; it defaults to whenever the case calendar creates room for it. This piece makes the case for earlier instruction, before the legal team's own theory hardens, and gets specific about what "early" should actually mean in practice, along with a cost-conscious way to structure it.
Category: Communication Between Experts, Decision-Makers and Counsel - Case teams keep solving the same expert evidence communication problems from scratch, under pressure, case after case. This piece offers five reusable clauses, covering joint conference independence, limited post-conference review, a designated point of contact, assumption documentation, and escalation for ambiguous requests, worth having on file before the next engagement begins.
Category: Communication Between Experts, Decision-Makers and Counsel - Institutional rules address the big structural questions but rarely the day-to-day operational ones, and that silence gets filled by default habit rather than deliberate design. This piece is a practical how-to for experts and counsel to build their own short, agreed communication framework early in an engagement, closing gaps the formal rules never anticipated.
Category: Communication Between Experts, Decision-Makers and Counsel - Most expert witness protocols restate general principles, independence, objectivity, appropriate communication, without ever getting specific enough to guide an actual decision under pressure. This piece sets out what a genuinely usable protocol should cover, from mandate documentation to joint conference rules to enforcement, and why format matters as much as content.
Category: Communication Between Experts, Decision-Makers and Counsel - Good expert witness guidance exists almost everywhere, yet the same problems keep recurring in practice. This piece examines why, breaking the gap down into awareness, incentive, and enforcement failures, and looks at which interventions actually change behavior versus which ones just add another document to the pile.
