The Rules of Evidence tell us that the testimony of an expert is
admissible to provide "scientific, technical, or other
specialized knowledge [that] will help the trier of fact to
understand the evidence or to determine a fact in issue." Fed.
R. Evid. 702(a). Even before you think about what you want to
present as evidence to a fact finder, though, you need to
understand your case—what the facts mean, where your client
is strongest or most vulnerable, and how much the case is worth.
That's where the non-testifying, consulting expert comes
in.
Using a consulting expert is a politically safe and
non-discoverable way to get the information you need in order to
give your client sound advice. Your client will then get the
information it needs, unvarnished by corporate political issues, to
safely evaluate its risk. The key difference between an expert
witness and a consulting expert is that you have to identify your
testifying expert to the other side and then the other
