A consulting expert is retained to help counsel understand technical issues, evaluate the case, and prepare to examine testifying experts. Because they will not testify, their work is protected as trial preparation material.
Discovery is permitted only on a showing of exceptional circumstances making it impracticable to obtain equivalent information otherwise.
Alternative Names:
Non-Testifying Expert, Consultant
Why it Matters?
Consulting experts allow counsel to explore weaknesses without creating discoverable opinions. The practical discipline is keeping the roles separate: converting a consultant into a testifying expert generally waives the protection over their prior work, so the decision about who will testify should be made deliberately rather than by default when a favorable opinion emerges.
Frequently Confused with
Related terms
Frequently asked questions
Can the other side discover a consulting expert's opinions?
What happens if a consultant becomes a testifying expert?
