By: Steven Babitsky
Excerpt from: How to Become a Dangerous Expert

Dangerous experts form and present a bulletproof expert opinion.  To do this, the authors recommend the following.

  • Avoid cases and counsel that place the expert on a restrictive budget or whose deadlines will not allow the expert to do a thorough job.
  • Be firm in requests to retaining counsel for the time and resources required to do a first-rate job.
  • Carefully and confidently state all opinions using the correct “magic words” for the case at hand.
  • Do not overstate or understate your expert opinions.
  • Act consistently inside and outside of the litigation.
  • Be prepared to clearly and convincingly explain disagreements with the opinions of opposing experts.
  • To present a legally valid, properly researched opinion, know the applicable law.
  • Test alternate opinions and be prepared to explain clearly and convincingly why alternative opinions were not adopted.
  • Use reliable equipment to conduct testing and measurements.  Prepare to defend the reliability of the equipment in question and one’s ability to use it properly.
  • Be extremely careful when taking measurements and conducting testing.
  • Be well-trained and well-versed in any computer program used.
  • Make sure any computer program used is a well-accepted program from a reliable company.
  • Verify the results obtained by computer (for example, by using another computer program or by hand calculations).
  • Know what acronyms mean in the names of computer programs used.
  • Only rely upon the opinions of reputable experts and prepare to explain why one’s trust in the other expert is not misplaced.
  • “Leave no stone unturned” and do the best job possible when forming an opinion.
  • Document and photograph the investigation to help prove its thoroughness.
  • Verify as many assumed facts as possible and prepare to explain why one’s assumptions are trustworthy.
  • Be there.  Make every effort to physically and personally examine all key evidence in the case.
  • Examine the key evidence as quickly as possible to reduce the likelihood of its condition changing.
  • Obtain and review carefully all relevant documents.
  • Never testify outside of one’s true area of expertise.
  • Thoroughly research the issues at hand.
  • Check and recheck relevant calculations.
  • Never write notes that are inflammatory, show bias, or could be used to undermine the expert’s opinion.
  •  Do not share draft reports with retaining counsel.
  • Use a reliable, generally accepted, testable methodology and avoid “junk science.”
  • Find out from retaining counsel in advance if there are likely to be any Daubert issues in the case.
  • Do not allow any actions or communications with retaining counsel to create even the appearance of impropriety.
  • Maintain accurate bills to minimize the chance of one’s own bills being used to undermine the expert opinion.