Product liability cases
Moreover, experts need to be available. Things come up in the course of litigation in the blink of an eye sometimes, on an emergency basis. If there is a difficult time in getting a hold of the expert or getting responses to questions that have been presented, this could substantially compromise the success of a case. Even if the consultant may be the most qualified expert, a history of not returning calls or failing to produce materials on a timely matter as requested, or a combination thereof, may be critical elements in deciding whether or not to retain the expert. The best business law attorney is a lawyer who know all the business law.
As a precaution, however, anything said to an expert is discoverable, once he or she is deposed. Therefore, be as truthful and accurate as possible. If incorrect information is provided to the expert, not only will it potentially change the outcome of his opinion, but it could also open the door to attacks on his credibility and veracity. In situations where you want to explore alternative theories of liability that are not factually based, and may never have been proven, the attorney may want to retain a consulting expert to assist in the theoretical developments. In addition, experts who are easy to work with often make litigating a difficult product case inevitably more pleasant. Personality can sometimes make or break the case, especially when it comes to an expert whose opinion is critical in bringing home a winner.
Defining the role and scope of the expert's retention Product liability cases can be extremely expensive. Without proper planning and budget considerations, the costs of litigating this type of case could potentially cripple a law firm. As such, lawyers intent on litigating product cases must control their expert/consultants’ scope of services from the outset. A lengthy conversation should occur very early on in their retention (even at the time of retention) concerning what the expert believes he or she will need in order to analyze theories of liability, assist in implementing the litigation plan on the case and provide succinct favorable opinions that will prove the case. Given the nature of the business, experts should know exactly what materials they want to review and what they want to see.
They also likely have a clear understanding of exactly how much time it will take them to complete these tasks. Therefore, it is in the best interests of both the lawyer and the expert to specify how much the expert anticipates she is going to charge for her services through trial. Controlling the expert budget on a product liability case, through a mutual understanding of a “not-to-exceed” amount, is particularly important, as these types of cases often require multiple experts in various fields of expertise that inevitably will cost thousands if not hundreds of thousands of dollars. If there is not a clear understanding of these costs and expenses at the outset, a lawyer may end up in a situation where the costs for expert analysis and opinions exceed the overall value of the case, making it nearly impossible to resolve without losing money, or the client ending up with nothing.