Check Expert Witnesses Daubert Record Before Hiring Them

When hiring an expert witness, make sure to allow time to research their background. Waiting until the last minute to hire an expert could be trouble. An important factor is an accurate assessment of an expert’s qualifications history in court. There is compelling statistical evidence to suggest that experts who have been allowed to testify after previous attempts to exclude them (i.e. who have passed “Daubert muster”) are more likely to withstand similar challenges in the future. Just as importantly, knowing the opponent’s expert’s qualification history can be valuable in challenging that expert, or in developing a strategy to attack the expert’s methodology and credibility. The “Daubert Tracker” (available at www.mdexonline.com) is a good place to start. Its primary focus is on the researching of the “evidentiary gatekeeping” history of experts.