Q: I might hire a testifying expert, so why would I need a consultant?
A: Too often the most valuable evidence in your case is left on the table during mediation and deposition/discovery phases of litigation--well before you hire your own testifying expert. Consultation helps you strengthen your early position with review of data, and actively advances your cases through deposition opportunities.
Just as importantly, aggressive tactics directed at restricting, excluding or limiting testifying experts are common in litigation, and often make it exceedingly time-consuming and expensive for attorneys to proceed with direct examination, and even discourage testifying experts from taking or continuing with your case.
Fortunately, there are many ways to introduce your message and evidence into the record and courtroom, and only rarely does this require a direct examination and testimony from an identified expert neuropsychologist. Dr. Glen helps you maximize the impact of depositions and cross-examination, defend challenges to your witnesses and positions, and elicit the information you need to prepare your case.
Q: Why would I need to hire an expert before a case even goes to mediation?
A: Information that a consulting expert provides before you go into mediation can help you fully appreciate and address the strengths and challenges of your case, and can result in significant changes to claims or offers. This early identification of major issues is strategic, and helps you move forward while saving you time and effort. And too often I've been retained in a case long after depositions are complete, resulting in missed opportunities.
Q: What if the case settles at mediation and nothing further is needed?
A: Neuropsychology, Inc. consulting has tiered pricing based on phase of litigation: pre-mediation, deposition preparation, and trial. You pay for only the services you need, unless you choose a full-service consultation package.
Q: I already have a testifying expert. Why would I ask my client to pay for consulting services?
A: First and foremost, opposing counsel will likely have their own consultant! And even if not, hiring one of your own provides you with a courtroom advantage.
Also, your testifying expert is, first and foremost, a clinician, and may not have the time, expertise or experience to provide the intensive consultation and preparation necessary in complex cases.
More importantly, he or she provides an objective opinion and does not blend the roles of advocate and unbiased examiner, while a non-testifying expert can predict and assist in developing strategic and tactical movements in the case.
Finally, the cost of a consulting expert pales in comparison to the costs of potential losses, unexpected maneuvers, and staff time. Your consultant helps you navigate those treacherous waters and save your valuable financial and staff time resources.
Q: How do I know when to hire a consulting expert?
A: Non-testifying consulting can be as minimal or extensive as your needs dictate. But in general, you should hire a non-testifying consultant whenever there is a major settlement demand.
A neuropsychological consultant is strongly recommended every time there is a neuropsychological/neurological claim related to brain damage, and in cases with psychiatric/psychological claims.
A consulting expert is a superb option when there are fractious and expensive efforts to exclude or limit potential testifying experts; this often presents an opportunity to introduce your evidence in novel and less predictable ways, giving you a courtroom advantage.
Often depositions are begun even before direct examination, and hiring a consultant for preparation for your depositions helps you maximize the impact of those opportunities.
Consulting is also desirable when neuropsychological evaluation has already been performed that is favorable to your case, when limitations have precluded your ability to have your own examination performed, and when there is simply no time for direct examination or testifying expert disclosure.
