Expert Witness vs Consultant
While an expert witness is a valuable tool in any lawsuit, not all experts are hired for this purpose. This brings us to the issue of the expert witness vs the consultant.
At first glance, an expert witness and a consultant would seem to be the same thing. In many ways, they are. An expert has a history in the field in question such that he or she is considered to have an excellent basis to render opinions on situations that arise. In turn, a consultant is viewed as having the same thing.
So, what is the difference? An expert witness and consultant differ in a number of ways. They all have to do with the procedures involved in a lawsuit or dispute. The following scenario works in a majority of states, but not all of them, so make sure to check yours.
In most jurisdictions, an expert witness must be “designated” through court filings. Once this occurs, the opposing party has the right to question that expert in deposition proceedings. Just as important, there is no attorney-client privilege between the expert and attorney, so the opposing party can ask what was discussed by the attorney and expert.
These rules make designating an expert an “all in” situation. Once an expert is designated, it is very difficult to fix the situation if that expert turns out to be a poor witness, hedges on their opinion and so on. In short, the designation of the expert is something that can make or break a case.
Hiring a consultant for a case is an entirely different matter in most states. A consultant does not have to be designated in court documents and is rarely deposed by the opposing party since they don’t know who the consultant is. The consultant also can discuss issues with the attorney in a frank manner as such discussions are not available to opposing parties.
Many attorneys’ will hire a consultant early in a case to review the known evidence. This is particularly true in medical cases. The consultant, a doctor, can review the evidence and provide the attorney with an opinion and answer questions the attorney may had. This is invaluable in educating the attorney on the potential outcome of the cases.
The issue of the expert witness vs the consultant is one that isn’t really a contested issue. Each has their place in the litigation process and plays a vital role. In many cases, the initial consultant will often ultimately become the expert witness.