Managing Multiple Expert Witnesses: Best Practices and Pitfalls

Complex litigation often requires the perspectives and testimony of multiple experts. When managed successfully, an array of experts can provide insight on a range of issues to bolster the legal case, respond to opinions offered by opposing experts, and provide context to the fact finder. Ideally, multiple experts will be used in ways that leverage their specialized skills. An industry expert may provide important testimony on operational issues, but lack the range of tools or training necessary to quantify key relationships relevant to estimating damages or assessing liability. Meanwhile, an academic expert may be better suited to assessing these relationships through the use of theoretical and empirical methods, but may lack practical insights into the relevant industry. In such circumstances, the academic and industry perspectives can complement each other, strengthening the opinions offered.