A good consultant, retained early in a case, can teach you whether you need an expert to testify and may even eliminate the need for one. An expert's greatest value may be in evaluating a potential lawsuit to determine whether litigation is feasible, what the chances are of success, and estimating the costs of prosecution or defense. You may decide to hire one expert to serve as a consultant and a second expert to testify, insulating the two so that the consulting expert's work is not subject to discovery. Never the twain shall meet. A consultant can help in preparing a complaint or spot defenses to a lawsuit.
Early involvement means better preparation for testimony.
The consultant can help formulate a written discovery plan, review materials, and be of particular help during deposition of the opposing expert. In interviewing potential experts or deposing an opponent's expert, it pays to be thorough. Less than an hour may not be enough time, some attorneys say. The expert should be asked about his technical and academic training, where and when he was trained, what degrees, licenses or certificates he holds, and what post-graduate training he has received. The inquiry should include his membership in professional or industry organizations.