Simplify
In Shakespeare’s Hamlet, Polonius famously states, “Brevity is the soul of wit.” This is no less true in expert reports. Dennis McAllister, an expert consultant, recommends helping your expert be concise:
I think when I began writing reports, I spent too much time being wordy and not getting to the point. I have reviewed these documents. Here is the standard of care and why it is a standard of care. Here is why they matter or did not. A little more brevity makes sense because you are going to get to a deposition anyway, and you are going to talk over the details.
Similarly, Steve Haas, a retail expert, recommends avoiding jargon, likening expert reports to college essays:
The first [goal] is to communicate my point of view and my position on the argument. . . . [It is] [n]ot any different than writing a college essay. What do I want to say, and how do I communicate it? . . . How do I step back and use anecdotes and stay away from industry jargon? Anything that someone who does not know this can say, “Oh, I can relate to that[.]” . . . [Y]our goal is not to lose the jury’s attention by using terms they do not understand or bore them to death. How do I communicate effectively and powerfully and do it in a way that the average juror can understand . . . ?
As with all communication, being clear, on point, and understandable to the audience is key.
Organize
A methodical layout pays dividends during deposition. If an expert doesn’t recall something immediately, it’s a trivial matter to find when organized during the editing process. Dr. Eric Cole, a cybersecurity expert, recommends a table of contents to stay out of the “danger zone”:
I am big on organizing a table of contents and ensuring that the correct information is in the right sections. An essential thing in a deposition is ensuring you are looking at the report and clock management is necessary. On the other hand, you want to ensure that you are not abusing or overdoing it so they could go back into court and say, “Today, Eric took 20 minutes to answer a question, and he did not know what was in there.” Then you asked about memorizing for a deposition. Absolutely, not because we know it is too much information, . . . there is no way you can remember all that information, especially during the last two hours when you are tired. If you try to go from memory, we should play from Top Gun, “Fly into the danger zone!”
Get a Fresh Perspective
The substantive portion of the document must be the expert’s own work, but, as the lawyer, you can give assistance in editing. Michael Primeau, a digital media forensics expert, works with his attorney to finalize his reports:
I always make it clear to my clients that we can review reports. I am happy to [make] change[s]. I do not speak legalese. . . . So, when I write it down, it might sound a little complicated when it comes to opinions. Those are bulletproof. We do not let our clients influence our opinions, but the way things read can . . . go back and forth until we make sure it is clear enough for the court.
Conclusion
Writing is only half the job; it is important to afford plenty of time for dotting the i’s and crossing the t’s. Spend some time working to improve the writing, organization, and flow of your expert’s report to help ensure the best outcome for your client.
