Another cautionary tale from IMS Expert Services: "t happens all the time between opposing experts in litigation. One side brings on an expert to look for holes in the work of the expert on the other side.
But what happens when one expert exposes another expert's work as flawed – and both experts are working for you?
What if your own expert comes to you and questions the methods or conclusions of another of your experts?
Perhaps you retained one expert as a consultant to conduct initial reviews and lay the groundwork for your case. Later, you retained a second expert in the same field to testify.
You present the consulting expert's work to the testifying expert as background to be used in formulating his own opinion. The testifying expert looks at the earlier work and proclaims, "I can't use this. The analysis is flawed because of X, Y and Z."
At this point, there is no option of sweeping the issue under the rug. Had the consulting expert's work remained just that, it would not have been discoverable under the federal rules. But once it was provided to the testifying expert, it became fair game.
That means that your opponent is likely both to learn about the consulting expert's work and also to learn of the testifying expert's condemnation of it.
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Enjoy.
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