Working With Experts – "The 7 Deadly Sins"

The first instalment in an occasional series

#1 - Retain first, ask questions later

Expert evidence can play a huge role in proving/refuting a claim yet, on occasion, counsel will retain an expert based on only a superficial vetting of his/her suitability to the tasks at hand in the particular litigation. If you are learning about your expert's background the night before the trial starts, you are in a bad place. Worse still is the circumstance where you are learning about your expert during his/her cross-examination.

Counsel will be familiar with some of the common, objective criteria used to select an expert. These considerations have been referenced in various court cases. For example, in Tavernese v. Economical Mutual Insurance¹the court noted: