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AVAILABLE
SERVICES - LITIGATION SUPPORT OR EXPERT WITNESS
Working as a team
with litigation, bankruptcy, and business attorneys, Expert Witness Group Members
can perform the following services:
1. Initial
Review - Factual Issues - Causes of Action: Review the client supplied initial
documents, and information. Suggest probable: (i) breaches, (ii) non-customary
practices, and (iii) administrative, public relations, reputational, or marketing
sensitivities of the parties. Discuss probable causes of action.
2. Prepare
an initial focused and industry experienced document production list for the opposition,
and further documents to be requested from the client.
3. Subsequent
Document Review: Review initial documents produced by opposition and client.
4. Probable
Factual or Public Relations Issues: Assist in the development of a fact-oriented
litigation discovery strategy, including possible settlement alternatives, sensitive
to the opponent's regulatory and public relations issues.
5. Field
Research - General: Discovery and analysis of general factual matters, public
relations sensitivities, general regulations, customary procedures and policies
in the industry.
6. Factual
Issue Ranking - Research Budget: Prioritize the factual issues and non-customary
practices by both the opposition and client. Aid attorney in prioritizing recoverable
causes of action. Create prioritized and focused industry experienced research
method and budget for attorney determined causes of action.
7. Focused
Field Research and Summary Charts: Perform focused field research and document
review based upon the attorney's litigation strategy and factual issue priorities.
Prepare summary charts and graphs.
8. Focused
Document Production and Deponent List: Prepare focused: (i) document production
lists for opposition and client, and (ii) list of deponents, generally by position,
occasionally by name. They will be probable, or actual, sources of the significant
documents or information.
9. Deposition
Preparation: Assist in creating, prioritizing and scheduling deposition questions
and deponent interviews.
10. Expert
Witness: Act as both testifying and research expert witnesses, or assist attorney
in locating other appropriate experts.
11. Witness
Preparation: Assist attorney in preparing both precipient and expert witnesses.
12. Deposition
or Trial Assistance: Assist attorney with both direct and responsive questioning
of precipient and expert witnesses at both deposition and trial.
13. Jury
Analysis: Suggest possible jury analysis methods, consultants and presentation.
14. Trial
Presentation: Suggest possible trial presentation methods and consultants to provide
a factually understandable and psychologically convincing trial presentation.
PROCEDURES
- LITIGATION SUPPORT OR EXPERT WITNESS
1. Conflict
Check:
a. Plaintiff,
Defendant and Law Firm conflict check.
2. Preliminary
Review:
a. Review
client's supplied documents and information and Attorney's preliminary causes
of action.
b. Evaluate
suitability of Expert for:
(i) apparent
causes of action, factual issues and researching further issues.
(ii) client's
expectations and budget.
(iii) Attorney's
expectations and litigation budget.
3. Preliminary
Response:
a. Expert's
preliminary response to client's documents and information.
b. Provide
recommendations regarding: (i) potential factual issues, (ii) regulatory, economic
and public relations' sensitivity of parties, and (iii) priority of factual severity
of probable breaches.
4. Initial
Research and Proposed Budget:
a. Create
preliminary research methodology, outline and probable cost based upon: (i)timing,
(ii) precise or broad report coverage, and (iii) probable deliverables.
5. Role Definition
and Expectation:
a. Discuss
attorney's definition and expectations for Expert's role as: (i) litigation support,
(ii) field research of factual matters and documents, (iii) expert witness, (iv)
causes of action or settlement suggestions, (v) statutory analysis, (vi) document
production lists, (vii) deposition questions, (viii) field research to locate
industry - manuals - regulations - laws - interpretations, (ix) describing reasonable
and customary practices, (x) suggesting other research or testifying experts,
researchers or trial support and presentation methods.
6. Attorney's
Expectations:
a. Clarify
anticipated: (i) cause of action priority, (ii) the amount and sufficiency of
factual information to support each cause of action (a broad or a narrow research
scope), (iii) trial presentation, and (iv) trial or deposition methodology.
7.Research,
Report, Deliverables and Budget Expectations:
a. Coordinating
and defining the Client's and Attorney's expectations regarding: (i) various expert
roles and their budgets, (ii) deliverables, (iii) broad or narrow scope of research,
(iv) fees and costs, (with or without further Attorney or Client approval) (v)
retainer, (vi) payment assurances, (vii) Expert's and Attorney's timing and coordination,
(viii) client contact, (ix) document and file access, (x) daily - weekend - evening
hours, (xi) oral or written reports, (xii) form of reporting, and (xiii) Attorney,
or staff, contact.
8. Attorney/Expert
Discussions:
a. Establish
a procedure and expected schedule for: (i) Attorney/Expert: telephonic conversation,
personal meetings, reports, reviews, (ii) Attorney, Expert and Client: reorientation
or reprioritization of causes of action or factual issues, (iii) reviewing the
number and type of anticipated: charts, graphs, lists, (iv) reviewing the availability
of: research assistance, and (v) receiving fee and cost payments and assurances.
9. Client
Approval:
a. Obtain
client approval of Attorney/Expert approved anticipated: (i) budget, (ii) timing,
(iii) research, (iv) role, and (v) deliverables.
10. Changes:
a. Establish
regular procedures and "red flags" for any significant changes in either the Attorney's,
Client's or Expert's previously discussed items.
RETURN
©2003
Andela Consulting, Inc.
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