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The Masked Singer and What Song She Can Sing

Updated: May 12


STRATEGIC DEPLOYMENT OF NON-RETAINED EXPERTISE: A TACTICAL GUIDE FOR ADVANCED LITIGATION PRACTICE





The Masked Singer and What Song She Can Sing discusses the disclosure and use of non-retained experts. Originally written for the TTLA Medical Malpractice Seminar, it is probably more valuable to those involved in car wreck litigation than those involved in medical malpractice.  


The purpose of this paper is to identify many of the potential landmines in disclosing non-retained experts during discovery and using non-retained experts at trial.  It references both Texas and federal case law.  Whenever practicable, it also attempts to provide potential pathways for avoiding calamity.  It is a very interesting and somewhat murky area that previously has not been the focus of any secondary resources found to date.


KEY TAKEAWAYS:

  • Understanding Non-Retained Experts: Learn the distinctions between lay witnesses, corporate representatives, in-house, and dual-capacity experts. Know who qualifies and how to leverage their testimony effectively.

  • Disclosure Protocols: Gold outlines the critical timelines and content necessary for proper disclosure, ensuring compliance with both federal and state practices.

  • Admissibility and Daubert Challenges: Discover how to shield non-retained expert testimony from exclusion and prepare for potential Daubert challenges.

  • Strategies for Maximizing Testimony Impact: Grasp the tactical approaches for eliciting and integrating expert opinions into your case strategy.

  • Payment and Ethical Considerations: Navigate the ethical dilemmas of compensating non-retained experts while maintaining the integrity of their independent opinions.

Through Paul N. Gold’s expert lens, attorneys are equipped with actionable insights to identify and disclose non-retained experts, understand the scope of their admissible testimony, and master the strategic use of their opinions in trial. This seminar recap is an indispensable tool for attorneys dedicated to achieving cutting-edge justice in the competitive arena of medical malpractice litigation.


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