Consulting Expert v. Expert Witness

In complex litigation involving bio-economy-related matters, experts may be employed as consultants or as formal expert witnesses. Understanding the distinctions between these roles is crucial for effective legal representation.

Consulting Expert

A consulting expert is typically engaged by one of the parties to provide advice, analysis, or expertise on specific technical, scientific, or professional matters related to the case. Their primary role is to assist the attorneys and their clients by providing specialized knowledge and insights to help them understand complex issues and make informed decisions. Unlike expert witnesses, consulting experts are normally not required to testify in court, and therefore not subject to cross-examination. Their communications with the legal team are normally privileged under attorney-client privilege and work product rules, allowing candid discussions and strategy development. Consulting experts are crucial in shaping case strategy, assisting counsel in understanding technical issues, and serving as liaisons to formal expert witnesses.

Expert Witness

An expert witness is hired to provide an unbiased opinion on factual or legal matters relevant to a case. Their role is to present their opinions, analyses, or conclusions to the judge and/or jury clearly and understandably, based on their specialized knowledge and experience. Expert witnesses must be ready to testify in court or depositions, requiring effective communication skills. They are also typically tasked with providing written reports, necessitating the ability to translate complex concepts into layman’s terms. Expert witnesses serve as the judge or jury’s reference point on the disputed subject matter, providing independent opinions based on their expertise and the information provided. Since the communications of expert witnesses may be subject to disclosure to all parties and the court, these professionals must understand the Rules of Evidence and Procedure and the importance of clearly defining their roles and responsibilities.

Expertise from Lee Enterprises Consulting

At Lee Enterprises Consulting, we provide a wide range of services across the bioeconomy. While serving as consultants and expert witnesses in litigation matters represents a small portion of their responsibilities, most of our 180+ experts are available for these engagements. Our specialists have undergone in-house training in their roles in litigation, and are familiar with qualification standards, rules of evidence, and civil procedure. Before accepting assignments, we ensure that experts possess the necessary specialization and conduct thorough conflict checks. For assistance with expert witnesses in the bioeconomy, please contact us.