Does anyone have advice on how to provide feedback on your expert’s report without coming off like an elitist a-hole?the one I’m working with is pretty bad—lack of complete sentences, unorganized, and he used the word “exasperate” when he meant “exacerbate.”

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Definitely scrutinize the expert’s self-written disclosure/report.

My mentors taught me to work with the expert to create the disclosure. Schedule a phone call and talk about their opinion, and go line by line drafting the disclosure based on the opinion. Then, send them an email to the expert containing the disclosure draft and asking them to confirm that each sentence is indeed their opinion, and if anything isn’t, to designate which portions and what they would write instead.

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If my supervising attorney had any capacity to do any supervising whatsoever, maybe he would have taught me this

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Why would providing feedback make you come off elitist? It’s not uncommon to need to correct expert grammar/writing/etc…. You’re a professional writer and they’re not. But it’s like providing feedback to anyone—Just don’t be rude about it

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I'd be nervous to go to trial with an expert who can't even write a report. Doesn't exactly instill confidence

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I redline the sh*t out of expert reports because I'm always a better writer (no false modesty). If they disagree with any changes we discuss but something like this wouldn't be a big deal.

Just edit it in track changes and send back to the expert. Maybe they will get the hint when they see all the red.

Also…the Judge/jury is never going to read the expert report. It doesn’t need to be masterful prose. It just needs to set out everything you might want the expert to testify about.

In some states the drafts are discoverable. Can be used to challenge the credibility and independent assessment of the expert.

Many experts I’ve worked with insist on writing the first draft of the report. (It’s how they make money). I think that’s generally the right approach, then you heavily edit and add to it. You don’t want the expert on a deposition to say the lawyers did the first draft (which arguably is fair game to ask)

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