C’mon, ‘fess up if you haven’t worked with experts before

It’s good for the judicial process and the injured party if you let us know if you’ve worked with experts in the past.  We catch on soon enough.  Get it out in the open at the start.  It’s also good for managing the cost of civil litigation.

Simply say, “I haven’t needed an expert before but do on this case”.  We all got to learn so it’s okay.

We can help you understand what’s involved in forensic investigation, what we need to do to be Rule 55 compliant (Nova Scotia) and how to manage costs.  Help you understand the investigative process that we must adhere to – our profession’s guidelines – in the same way experts are expected to have some understanding of the judicial process.

I’ve been blogging to that end for 5.5 years – to help you understand – and it’s paying off if reader feedback is any indication.  Still, some of you are a hard sell and cases go south for want of understanding.

I chide you about this because it’s important to get it out on the table.  I can help bring you along in this new relationship as you would me in understanding the civil litigation process.

I thought to suggest this after reflecting on some embarrassing exchanges over the years – another just recently – and not just with younger counsel.  One senior partner in a firm didn’t know that expert’s reports are sent via email today.  You could hear his silence over the phone.  Another estimated the total cost of a forensic engineering investigation at less than the invoiced cost of preliminary work.  Still another didn’t know that experts invoice on completion of individual stages in a forensic investigation, not for several stages in advance.

Don’t wing it.  Get it out there if you are relatively new to this.  You will learn how to work with an expert and control the cost of your case better.