5 Ways to Avoid a Daubert Challenge
In legal matters, it is imperative that an expert’s testimony be viewed as reliable and trustworthy. But how do you ensure that the expert’s analysis remains relevant to the case and is accepted by the judge and jury as fact?
Jay Cunningham with Katz, Sapper & Miller’s Litigation Services Group outlines five ways companies and attorneys can safeguard their expert’s testimony in Defending Against Daubert: 5 Ways to Avoid a Daubert Challenge.
Studies show that experts in the financial industry are more likely than others to be called into question. It is therefore important to thoroughly vet and prepare your expert, but that can be a challenge if you are unsure where to start.
Jay Cunningham is a director in the firm’s Litigation Services Group. Jay’s background includes providing consulting services in the context of disputes or litigation. He has extensive experience in the application of accounting, finance and economics to commercial damage analyses.
Cunningham offers these five tips to consider when working with a financial expert, including:
Do your homework. Check references and websites to make sure the expert has the knowledge they claim.
Don’t wait until the last minute. Even experts need time to prepare the most relevant explanations to questions they may be asked.
Use your expert early and often. Involve your expert early in the discovery phase to help lend a different perspective and gather as much information as possible.
Make the expert explain everything. This will help them mentally walk through their arguments and see if there are any gaps in the logic.
Involve the expert in the Daubert challenge. If an expert is called into question, give them an opportunity to defend their work.
We hope that you find this guide to be a valuable resource. If you have any questions, or would like to discuss next steps, we encourage you to contact us for a no-obligation consultation.
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