Recently, I served as an expert witness.  Over the next three days, I will discuss the preparation, deposition, and trial experiences.  This first blog discusses my retention and the preparation of my expert witness report.

In the early part of this year, I was retained to serve as an expert witness in a securities matter.  I was retained, initially, to prepare a report relating to broker-dealer registration requirements.

During the preparation time, I received amazing assistance from the counsel that had retained me.  Counsel was wholly forthcoming in providing me the information necessary so that I could render an opinion, and provided me access to the entire litigation file.  Further, any document that I requested was immediately sent. 

After receiving access, I was required to review numerous deposition transcripts as well as documents to prepare my opinion.  I was also required to obtain cases and SEC No-Action letters to prepare the opinion.  Further, I spent a fair amount of time dissecting the other side’s expert opinion.

Although in letter format, the opinion most resembled a brief.  I forwarded the opinion to counsel so that it could be filed with the court along with a copy of my curriculum vitae.  Although I was certain that my report was exceptional and would carry the day, I soon learned that even the best laid plans usually have a kink in them.  During the process of filing my report with both opposing counsel and the court, the lawyers, who hired me, discovered that the report had a typo, and asked if I would be willing to change the report to correct the typographical error.  Much to my horror, they were absolutely correct, and I immediately made the change and sent them a corrected version.

The report was then sent to opposing counsel, and my client seemed quite happy with the results.  In the next two blogs I will discuss my preparation for my deposition, and then trial testimony.