While expert testimony can significantly strengthen a case, certain recurring mistakes can undermine its effectiveness. Understanding these pitfalls allows attorneys to better leverage expert support.
- Retaining the Expert Too Late
Experts add the most value when engaged early. Early review helps shape discovery strategy, identify gaps in evidence, and refine legal theories before deadlines constrain meaningful analysis.
- Providing Incomplete Documentation
Experts rely on complete information: leases, financials, emails, appraisals, inspection reports, deposition transcripts, maintenance logs, and closing documents. Missing data can weaken conclusions or open the door for impeachment.
- Expecting the Expert to “Take a Side”
Credible experts cannot adopt predetermined positions. Their opinions must be independent, supported by methodology, and anchored in objective standards.
- Overlooking Rebuttal Strategy
Opposing expert reports often contain methodological flaws or unsupported conclusions. Effective experts identify weaknesses and prepare clear rebuttal opinions—something seasoned professionals like Jeffrey S. Rothbart regularly provide in valuation, rent analyses, and fiduciary-duty disputes.
- Underutilizing the Expert’s Industry Knowledge
Experienced experts bring context from decades of real-estate transactions, operations, and management. Their insights often strengthen deposition outlines, damages theories, and trial themes well beyond the expert report itself.
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