When litigation hinges on complex subject matter—medical, technical, or scientific—attorneys often turn to expert witnesses to clarify facts and opinions that fall outside the average juror’s understanding, these experts can be a powerful asset to your case—but only if they’re leveraged correctly.

At our company, we specialize in recruiting and managing expert witnesses, and we’ve seen firsthand how even the most brilliant expert can become a liability if the working relationship isn’t handled well. Below, we dive into the most common pitfalls attorneys encounter when working with expert witnesses—and, more importantly, how to avoid them.

1. Waiting Too Long to Retain an Expert

One of the most frequent (and costly) mistakes is waiting too long to bring an expert on board. Attorneys may assume they can wait until discovery is nearly complete or that their case isn’t complex enough to warrant early expert input. This delay can backfire.

Why it’s a problem:

• You may face tight deadlines for disclosures and reports.

• The best experts often have full schedules and limited availability.

• Critical strategy insights could be missed if an expert isn’t consulted early.

Solution:
Involve your expert witness early in the case—not just to testify but to help shape your case theory, evaluate strengths and weaknesses, and prepare for opposing arguments.

2. Choosing an Expert Based on Credentials Alone

It’s tempting to be dazzled by a resume full of Ivy League schools, top-tier hospital affiliations, or decades of academic experience. But impressive credentials don’t always translate into compelling courtroom testimony.

Why it’s a problem:

• Some experts are brilliant but lack communication skills.

• Others may have credibility issues or a track record of being disqualified.

• Personality fit matters—a lot—especially in high-stakes litigation.

Solution:
Vet your experts for more than just their CVs. Evaluate their demeanor, prior deposition or trial experience, and ability to explain concepts in plain English. Better yet, work with a company that prescreens for these qualities.

3. Failing to Prepare the Expert for Depositions or Trial

Even seasoned experts can falter under pressure if they aren’t properly prepped. Some attorneys assume that because the expert knows their field, they’ll instinctively know how to testify effectively. That assumption can be dangerous.

Why it’s a problem:

• Experts may over-answer or volunteer information.

• They might be unfamiliar with legal terminology or courtroom dynamics.

• Inconsistent or poorly articulated testimony can undermine your case.

Solution:
Hold mock depositions, conduct detailed prep sessions, and provide context for the case. Share what to expect from opposing counsel, how to stay calm under cross, and their key messages.

4. Overloading the Expert with Irrelevant Information

Sending an expert witness hundreds of documents “just in case” may seem thorough, but it’s more likely to cause confusion, inefficiency, or even lead to errors in their report.

Why it’s a problem:

• Experts may overlook essential facts buried in the clutter.

• Time spent sifting through irrelevant materials increases cost.

• It may appear that the expert lacked focus or was biased in report preparation.

Solution:
Curate and organize the material you provide. Include only what’s necessary for the expert’s opinion and indicate key documents. Streamline the workflow so your expert can spend their time where it matters most.

5. Using the Expert as a Fact Witness

Expert witnesses are brought in to provide opinions, not to narrate the facts of the case—that’s your job. Blurring these lines can damage the expert’s credibility and your overall case.

Why it’s a problem:

• The expert’s testimony may be excluded or given less weight.

• Opposing counsel may exploit this to suggest bias or overreach.

• You risk appearing to manipulate testimony instead of presenting objective opinion.

Solution:
Keep the roles clear. Use the expert to provide independent, scientifically or technically grounded opinions—not to advocate or summarize evidence.

6. Failing to Manage the Paper Trail

Everything an expert reviews, writes, or discusses with you could become discoverable. Emails, notes, drafts—these are all potential exhibits in court.

Why it’s a problem:

• Casual language in emails or early drafts may be taken out of context.

• Inconsistent or evolving opinions may be scrutinized harshly.

• Poor documentation can open the door for impeachment.

Solution:
Establish clear communication protocols from day one. Use secure, centralized platforms for document sharing. Be mindful of tone and content in written communication, and remind your expert to do the same.

7. Assuming the Expert Knows Your Legal Strategy

Without guidance, even the most experienced expert won’t intuitively know your case theory, burden of proof, or preferred line of argument.

Why it’s a problem:

• The expert might stray from your legal narrative.

• Important case themes may be ignored in their report or testimony.

• Gaps in logic may arise between your arguments and the expert’s opinions.

Solution:
Collaborate closely. Share your strategy, walk them through your claim or defense elements, and ensure alignment on how their opinion supports your legal position.

Final Thoughts

Working with expert witnesses is both an art and a science. When managed properly, these professionals can provide the clarity, credibility, and persuasive power needed to win your case. But without a thoughtful approach, even a top-tier expert can fall short of expectations.

At our company, we go beyond connecting attorneys with qualified professionals—we help manage the entire expert witness process to avoid these pitfalls. From early consultation to trial preparation, we ensure you and your expert are positioned for success.

Want to avoid these mistakes in your following case? Let’s talk.
Call us at (877) 244-3703 to learn how our expert witness recruitment and management services can help you build a stronger, more effective legal team.