Working with Consulting Experts: Discovery Considerations

In some cases, it may be beneficial to retain a consulting, or nontestifying, expert to assist with the litigation. Consulting experts can help counsel to better understand factual information, such as how a product works or a particular industry norm. They can also assist counsel in vetting and hiring testifying expert witnesses, preparing for depositions of the opposing side’s experts, and formulating overall litigation strategy. Moreover, a consulting expert provides counsel with the benefit of the expert’s expertise without having to worry about whether the expert has prior testifying experience, or the expert’s “likability” in the eyes of the judge and the jury.