Consulting vs. Testifying – What’s the Difference?

A lawyer may choose to hire an expert witness for a variety of reasons. Experts increase the credibility in cases, help prepare attorneys for a case with their expertise, and have the ability to explain complicated terminology and theories in layman’s terms to a judge and jury. 

When it comes to experts there are two different types: expert consultants and testifying experts. In higher profile cases, lawyers have use for both types of experts, while in smaller cases lawyers tend to use one expert as both. While these two roles are similar in many ways and call for similar qualifications, there are some important differences between them. 

Consultants do not have to be designated. A lawyer can retain the consultant for their advice and guidance. These experts cannot be deposed by the opposing attorney and cannot be retained by them either. It is not unheard of for an attorney to retain a number of well-known experts in a particular field as consultants.

Testifying Experts are permitted to testify in court. These witnesses must be designated to opposing counsel before the trial begins. Testifying expert witnesses can assist a lawyer in understanding their area of expertise and use it in the courtroom. They contribute expert evidence based on their knowledge, past experiences and field of expertise. Expert witnesses who testify help the judge, jurors and opposing counsel understand case evidence in laymen’s terms. Their expert analysis carries legal weight. The expert witness can provide any clarification concerning factual evidence requiring expertise in its explanation and presentation.

While there are pros and cons to each approach, it is important to understand not only the obvious differences between a consultant and an expert witness, but also the strategic advantages of each approach.

If you want expert witness services from someone who can provide both consulting and testifying for banking or financial litigation cases, Michael F. Richards has over 34 years of experience. Visit MRichardsConsulting.com today to inquire about Michael F. Richards’ services.