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Effective Use of Experts: The Rules of Engagement
Expert testimony 'can be both powerful and quite misleading' because of a jury's difficulty in evaluating such evidence. ' Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 595 (1993).
Expert testimony is an integral part of products liability litigation. As the excerpt above articulates, expert testimony is powerful and its importance should not be underestimated or trivialized. Selecting an expert who can simplify the issues for the fact-finder, yet maintain his or her composure under cross-examination, is a difficult and time-consuming process. In short, because your expert's credibility is critical to the success of your case, you need to understand the rules of engagement at the outset.
Further, understanding the discovery and evidentiary pitfalls, as well as the expert disclosure requirements under the Federal Rules of Civil Procedure (FRCP), will greatly assist you in your initial evaluation of when and how to use an expert, and how you ought to communicate with your expert. As a practical matter, using your expert effectively will assist you in posturing your case for settlement or trial, and reduce mistakes, thus saving you and your client time and money.
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