DAUBERT CHALLENGES
More and more attorneys are using challenges of expert witnesses as a sword to exclude
the opposing side's expert testimony. Whether it is a plaintiff's expert or a defense expert,
in a federal court that is applying the Daubert rules or in a state court that applies the older
Frye rules, expert challenges can be an effective legal tactic.
Most attorneys have an idea how to go about challenging an opponent's expert, but very few
actively prepare their own experts for such a challenge. The time to prepare your expert is
not before trial, or even before deposition, but much earlier, possibly even before you select
your expert. Examine your potential experts' past experience. Have they survived Daubert
challenges before? Read their previous expert reports. Do they follow generally accepted
procedures? Once hired, your experts need to assume that they will be subject to a
Daubert challenge every step of the way, including developing test plans and even writing
the expert report. It is often difficult for an attorney to ensure that the expert is taking the
correct steps to Daubert-proof his testimony.
J.L. Grover is uniquely qualified to help you here. As a practicing engineer with over 25 years
of experience in forensic engineering, he understands the scientific method, and how an
engineer will apply that approach to solving a problem. He can see the technical weaknesses
in an engineering expert's analysis that a normal attorney would not see. Regardless of
whether Daubert is used offensively or defensively, J.L. Grover can be a powerful ally on
the legal team when engineering expert testimony is involved.
