Communicate … communicate … communicate!

In real estate, it’s the three L’s…Location, location, location. In preparing your expert witness, it’s the three C’s.

  1. Communicate early. Experts understand that clear, concise and complete information is not always immediately and readily available early in a case. But experts can still assist you early on. He or she can work with you to review the technical aspects of your case, determine what material you need to assess your case, assist with developing the technical aspects of your case strategy, and suggest what key players need to be deposed and more.
  2. Communicate clearly. Clear and consistent expectations are critical to your success and that of your expert.  Make sure they understand deadlines for the case, your availability to answer questions, and make sure you know their schedule so that communication can happen as needed. In addition, make sure you clearly understand what your expert is telling you about the technical aspects of the case – because at times engineers can be … well … engineers!
  3. Communicate regularly. Working with your expert regularly can save you time and your client money. Regular communications will ensure the expert understands your strategy, can assist you in preparing for depositions, and let you understand the strength and weaknesses of their expert opinion.  In addition, understanding how they communicate will help you understand how they will perform during a deposition.

Don’t wait until lightning strikes – or the equivalent of that in your case – to talk with your expert. Communicate early, clearly, and regularly. The three C’s of success with an expert witness.  Communicate … communicate … communicate!

The Three Most Important things attorneys can do for their expert witness.

Randy Clarksean


Randy is a Ph.D., P.E., CFEI, CFII Mechanical Engineer with over 30 years of experience in failure analysis, fires, and forensic engineering. In addition he has expertise in areas of technical due diligence consulting, heat transfer, thermal systems, management, and general technical consulting services.


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