Litigation

Cal. Litig. 2016, Volume 29, Number 2

Thinking Beyond the Assignment: Selection and Management of Expert Witnesses

By Philip Simmons

If you’re not getting the right answers, you’re probably not asking the right questions — Edward Hodnett

The Special Relationship Between Experts and Counsel

Selecting an expert witness requires a thorough understanding of the issues in the case, as well as the type of experts that may be required to provide clarity of the issues for the finder of fact. Some areas of practice, such as land use and real property litigation, often involve added dimensions of complexity in evaluating and planning for expert testimony. Litigation varies widely from case to case, but the attorney’s challenge remains the same: putting together expert testimony to clearly articulate the relevant facts and the conclusions that should be drawn from the facts. Considerations that go into properly evaluating the need for expert testimony, including selecting and managing the experts, can be among the most critical aspects of successful trial preparation.

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