Expert Testimony Engagement Process

An expert testimony engagement proceeds in five steps, from engagement and file review to trial testimony. Counsel opens it by settling scope, conflicts and the retainer in writing and by identifying the report the testimony rests on, because there is no separate testimony report: the expert testifies to the methodology, data sources and opinions already disclosed. Preparation with counsel follows the file review, and the deposition and trial phases are placed by the notice and the court's schedule.

Engagement process

  1. Engagement and file review: We confirm scope and conflicts, establish the retainer, and review the report, file, and any opposing expert opinions.
  2. Preparation with counsel: We prepare with retaining counsel, identify the key opinions and their bases, and anticipate cross-examination.
  3. Deposition: We provide deposition testimony on the methodology, data sources, and opinions in the report.
  4. Trial preparation: We prepare exhibits and demonstratives and coordinate with counsel on the order and scope of direct examination.
  5. Trial testimony: We provide trial testimony and respond to rebuttal and cross-examination.

Questions about expert testimony engagement process

What happens first in an expert testimony engagement?

The engagement agreement fixes scope, the conflict check, the retainer and the dates, and identifies the underlying report: vocational, economic, life care or standard of care. Where a KWVRS report already exists, file review begins from it; where none exists, the engagement starts with the evaluation that produces one, since testimony closes an expert engagement rather than standing on its own as a product.

What records does KWVRS need to begin an expert testimony engagement?

The report the testimony rests on and the file behind it, any opposing expert opinions, and the deposition transcript where trial follows a deposition, because the transcript is what the other side will use against any departure at trial. Add the notice date or trial window and whether attendance is in person or remote, so file review and the preparation session can be placed ahead of the date.

Is a preparation session always part of an expert testimony engagement?

Yes. After the file review, the expert and retaining counsel work through the key opinions and their bases and anticipate cross-examination, before a deposition and again before trial. For trial the session also settles the order and scope of direct examination and the exhibits and demonstratives, and it is where a read of the deposition transcript is checked against what will be said in court.

What does KWVRS deliver at the end of an expert testimony engagement?

Testimony itself: deposition testimony on the qualifications, methodology, records reviewed and opinions in the report, and trial testimony through direct examination and cross-examination, with the exhibits and demonstratives prepared for it. Vocational demonstratives typically set pre-injury and post-injury occupations beside wage data, economic ones present the present-value calculation, and life care ones show the plan structure and care timeline; supplemental opinions follow new records.

Can an expert testimony engagement begin before the underlying report exists?

Yes, but it begins as the underlying evaluation, not as testimony. Where no KWVRS report exists, the engagement starts with the vocational, economic, life care or standard of care report the case needs, prepared and disclosed on that service's own process and timeline, and the testimony phase follows it. The vocational, economic, life care and standard of care pages describe those reports.

Who testifies in an expert testimony engagement?

The expert responsible for the underlying report: vocational reports under Matthew Putts, the Chief of Vocational Services; economic reports under Christopher Skerritt, the Chief of Economic Services; standard of care reviews under Jesse Wolstein, the Chief Medical Director; and life care plans under the planner who prepared them. Each testifies to the methodology, data sources and opinions in the report that carries their name.

Ready to Get Started on expert testimony engagements?

Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.