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The Challenges of Working with First-Time Experts

September 07, 2016

By Sarah Kelly-Kilgore

Experts come from all different backgrounds and practices. While some come from academia and may have provided expert testimony in dozens – even hundreds – of cases, others are working professionals who may have little to no experience in a legal setting. Working with the latter group presents special challenges. First, these experts may be unfamiliar with their role and any associated privilege considerations and might show little regard for counsel’s concerns about potential disclosure of damaging information. Second, first-time testifying experts may rely too heavily upon counsel in preparing their reports, which can undermine the expert’s credibility and even lead to the exclusion of his or her opinions.

This article originally appeared in Los Angeles Lawyer.