An Expert Witness is a witness who by virtue of education, training, skill, or experience, is believed to have knowledge in a particular subject beyond that of the average person, sufficient that others may officially (and legally) rely upon the witness’s specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of their expertise, referred to as an assistance to the fact-finder.  See, e.g., Federal Rule of Evidence 702 and Black’s Law Dictionary, articles “Evidence”, “Expert”, “Witness”.

Non-testifying experts whose opinions are work product generally protected by the attorney/client privilege are used from the beginning of a case through its completion.

A non-testifying expert is critical to the preparation of a case in anticipation of litigation especially in a fraud case.

• Non-testifying experts provide counsel with an evaluation of the case
• Assist in planning strategy and theories of the case
• Search and obtain evidence
• Examine and evaluate evidence
• Explain changes and developments in the case as evidence alters the original theory
• Interview witnesses and potential witnesses
• Assist in pretrial motions, pleadings and responses
• Attend trials and assist counsel in unexpected changes during trial
• By attending trial the non-testifying expert can assist counsel in cross examination of the opposing parties witnesses and alert counsel to inconsistent testimony
• Take notes during trial and conduct investigations during the trial

Non-testifying experts are extremely critical to any litigation.

Testifying experts are not protected by the privilege and the expert’s identity and nearly all documents used to prepare the testimony will become discoverable.

Testifying experts must satisfy the requirements of Federal Rule of Evidence 702.  Under rule 702, an expert is a person with “scientific, technical, or other specialized knowledge” who can “assist the trier of fact,” which is typically a jury.  A qualified expert may testify “in the form of an opinion or otherwise” so long as: “(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”

If you believe you are under investigation do NOT overlook the important of retaining an expert to discover as much as you can before you are accused of a crime.

Taking a proactive position can prevent accusation from reaching an indictment.  Your questions are important. 

Please call 1-800-447-6181 for a free consultation.