Top consulting expert witnesses and testimony consultants advise that when businesses face litigation, investigations, disputes, or complex legal matters, they frequently need more than legal advice. Certain cases involve highly technical, financial, scientific, medical, or industry-specific questions that the best consulting expert witnesses posit require knowledge outside of the expertise of attorneys and judges.

A thought leader here brings specialized knowledge to a legal matter to help attorneys and their clients understand complicated issues, evaluate evidence, assess the strengths and weaknesses of a case, and develop an informed legal strategy.

Versus testifying pros, consulting expert witnesses may never appear in court. Their value generally comes from the work they perform behind the scenes.

This guide explains what consulting expert witnesses are, what they do, how they differ from testifying experts, and the major types of consulting experts businesses and legal teams may encounter.

What Is a Consulting Expert Witness?

A consulting expert witness is a professional with specialized knowledge, education, training, experience, or skills who is retained to assist an attorney or legal team in evaluating and preparing a case.

The term can be slightly confusing because a consulting expert is generally not being retained primarily to testify.

Instead, the expert acts as a resource for the legal team.

For example, suppose a company is sued because a customer claims that one of its products was defectively designed. The company’s attorneys may understand the legal issues, but they may not have the engineering expertise necessary to determine whether the product was actually defective.

The attorneys could retain a mechanical engineer as a consulting expert.

That engineer might:

• examine the product;

• review engineering drawings;

• analyze testing data;

• identify potential failure mechanisms;

• evaluate the plaintiff’s allegations;

• review the opposing side’s technical arguments;

• identify weaknesses in the claim; and

• explain the technical issues to the attorneys.

The engineer may never testify.

The purpose of the engagement is to give the legal team the specialized knowledge necessary to make better decisions.

Consulting Experts vs. Testifying Experts

The most important distinction to understand is the difference between a consulting expert and a testifying expert.

Consulting experts

Consulting experts primarily assist attorneys with case preparation and analysis.

Their work may include:

• reviewing evidence;

• analyzing technical issues;

• evaluating another expert’s opinions;

• conducting research;

• identifying weaknesses in a claim or defense;

• helping attorneys understand complex subjects;

• developing questions for depositions;

• assessing potential damages; and

• helping determine whether expert testimony is necessary.

They generally work as part of the legal team’s litigation strategy.

Testifying experts

Testifying experts, by contrast, are retained to provide expert opinions that may be presented to a judge, jury, arbitrator, or other decision-maker.

They may:

• prepare an expert report;

• provide a deposition;

• testify at trial;

• testify at arbitration or a hearing; or

• present opinions regarding technical, scientific, financial, or other specialized matters.

A testifying expert’s opinions are therefore subject to much greater scrutiny by the opposing side.

Why use a consulting expert?

Sometimes the legal team does not yet know whether it needs a testifying expert.

A consulting expert can help answer that question.

For example, a business involved in a patent dispute might initially hire a technology consultant to analyze the patent and accused product. After reviewing the evidence, the consultant might conclude that the opposing party’s technical theory is weak and that formal expert testimony is unnecessary.

In another case, the consultant may determine that the technical issues are complicated and that a testifying expert will be essential.

This makes consulting experts particularly useful during the early stages of a dispute.

What Does a Consulting Expert Do?

Consulting experts can perform many different functions depending on the nature of the case.

1. Analyze Evidence

One of the most common responsibilities is reviewing technical or specialized evidence.

An expert may examine:

• documents;

• photographs;

• financial records;

• engineering plans;

• medical records;

• software;

• laboratory results;

• business records;

• scientific studies;

• contracts;

• market data; or

• physical products.

The expert then explains what the evidence means from a professional or technical perspective.

2. Help Attorneys Understand Complex Issues

Lawyers are trained to analyze legal problems. They are not necessarily engineers, accountants, scientists, physicians, economists, or software developers.

A consulting expert can translate specialized information into language that attorneys can use to understand the case.

For example, a cybersecurity expert might explain how a data breach occurred, while a forensic accountant might explain how a disputed transaction affected a company’s finances.

3. Evaluate the Opposing Side’s Expert

A consulting expert can also review the work of an opposing expert.

They may identify:

• incorrect assumptions;

• unsupported conclusions;

• calculation errors;

• methodological problems;

• missing information;

• inappropriate comparisons; or

• conclusions that are not supported by the evidence.

This can help attorneys prepare for depositions, motions, negotiations, and trial.

4. Identify Strengths and Weaknesses

A consulting expert can provide an independent assessment of the technical side of a case.

They may tell the legal team:

“This part of the opposing argument is technically strong, but this other conclusion is not supported by the available evidence.”

That information can be extremely valuable when determining litigation strategy.

5. Assist With Case Strategy

Consulting experts can help attorneys understand what evidence matters, what additional information should be obtained, and which technical issues deserve attention.

They can therefore contribute to case strategy without becoming the public face of the technical opinion.

6. Evaluate Damages

Some consulting experts specialize in determining the financial consequences of a dispute.

They may analyze:

• lost profits;

• lost revenue;

• business valuation;

• diminished value;

• economic losses;

• royalties;

• intellectual-property damages; or

• other financial consequences.

Major Types of Consulting Expert Witnesses

There is no single type of consulting expert.

Almost any profession involving specialized knowledge can potentially produce an expert consultant.

The appropriate expert depends on the subject matter of the dispute.

1. Financial and Accounting Experts

Financial experts are among the most frequently used consulting experts in business litigation.

Forensic accountants

Forensic accountants examine financial information to identify discrepancies, reconstruct transactions, trace money, and analyze financial claims.

They may be used in:

• commercial litigation;

• fraud investigations;

• shareholder disputes;

• partnership disputes;

• insurance claims;

• bankruptcy matters; and

• damages analysis.

Damages experts

Damages experts analyze the financial impact of alleged wrongdoing.

For example, they may calculate how much revenue a business allegedly lost because of a breach of contract.

Valuation experts

Business valuation experts determine the value of companies, ownership interests, assets, intellectual property, or other investments.

They may be useful in shareholder disputes, acquisitions, partnership disputes, divorce proceedings, and commercial litigation.

Economists

Economists can analyze markets, pricing, competition, labor markets, economic losses, and broader financial impacts.

2. Engineering Experts

Engineering consultants are used when disputes involve the design, construction, operation, or failure of physical systems or products.

Common specialties include:

• mechanical engineering;

• electrical engineering;

• civil engineering;

• structural engineering;

• chemical engineering;

• aerospace engineering;

• biomedical engineering; and

• industrial engineering.

An engineering consultant might determine why a machine failed, whether a structure was properly designed, or whether a product’s design created a particular risk.

Engineering experts are particularly common in:

• product liability;

• construction disputes;

• manufacturing disputes;

• patent litigation;

• workplace accidents; and

• insurance claims.

3. Medical Experts

Medical professionals can serve as consulting experts when a dispute involves medical conditions, injuries, treatment, or causation.

Examples include:

• physicians;

• surgeons;

• nurses;

• psychiatrists;

• psychologists;

• pharmacists;

• radiologists;

• neurologists; and

• other healthcare professionals.

A medical consultant might review medical records and help attorneys understand:

• the nature of an injury;

• the treatment provided;

• whether treatment was appropriate;

• potential causes of an injury;

• prognosis; or

• the relationship between an alleged event and a medical condition.

4. Scientific Experts

Scientific consultants provide specialized knowledge in scientific disciplines.

Examples include:

• chemistry;

• biology;

• physics;

• toxicology;

• genetics;

• environmental science;

• materials science; and

• microbiology.

Scientific experts may be important in product liability, environmental litigation, pharmaceutical disputes, intellectual-property cases, and regulatory matters.

For example, a toxicologist may help attorneys understand whether exposure to a chemical could plausibly cause a particular effect.

5. Technology and Computer Experts

Technology disputes have created growing demand for specialized technology consultants.

These experts may include:

• software engineers;

• cybersecurity professionals;

• computer scientists;

• data scientists;

• digital forensics specialists;

• database experts;

• artificial intelligence specialists; and

• IT professionals.

They may analyze:

• source code;

• computer systems;

• databases;

• algorithms;

• cybersecurity incidents;

• digital evidence;

• software architecture;

• data breaches; and

• intellectual-property claims.

A technology consultant might, for example, determine whether two software systems operate in substantially similar ways or explain how a cybersecurity incident occurred.

6. Construction Experts

Construction consultants help attorneys understand disputes involving buildings, infrastructure, contractors, developers, architects, engineers, and project owners.

They may specialize in:

• construction defects;

• project delays;

• cost overruns;

• scheduling;

• construction management;

• building codes;

• safety;

• estimating; and

• project administration.

A construction expert might analyze whether a project was delayed because of contractor performance, design changes, weather, material shortages, or other factors.

7. Intellectual Property Experts

Intellectual-property matters frequently involve highly specialized technical or commercial questions.

Consulting experts may have expertise in:

• patents;

• trademarks;

• copyrights;

• trade secrets;

• software;

• biotechnology;

• pharmaceuticals;

• electronics; or

• telecommunications.

A patent consultant, for example, may help attorneys understand the technology described in a patent and compare it with an accused product.

An IP damages consultant may separately analyze the financial consequences of alleged infringement.

8. Industry and Business Experts

Not every expert needs to be a scientist or engineer.

Sometimes the relevant specialized knowledge comes from extensive industry experience.

An industry consultant might have decades of experience in:

• banking;

• insurance;

• healthcare;

• manufacturing;

• retail;

• transportation;

• real estate;

• telecommunications;

• energy; or

• financial services.

These experts can explain how a particular industry normally operates.

For example, in a dispute involving a specialized financial product, an experienced industry professional may help attorneys understand ordinary industry practices, terminology, procedures, and commercial expectations.

9. Human Resources and Employment Experts

Employment disputes can involve specialized questions about compensation, workplace practices, labor economics, and statistical analysis.

Consulting experts may include:

• labor economists;

• compensation consultants;

• HR professionals;

• industrial-organizational psychologists;

• statisticians; and

• workplace investigators.

They may assist with matters involving:

• employee compensation;

• discrimination claims;

• wage disputes;

• workforce statistics;

• employment practices; and

• organizational structures.

10. Environmental Experts

Environmental consultants can assist with disputes involving pollution, contamination, hazardous substances, environmental damage, and regulatory compliance.

Specialists may include:

• environmental scientists;

• geologists;

• hydrologists;

• toxicologists;

• environmental engineers; and

• ecologists.

They may investigate soil, groundwater, air quality, chemical exposure, contamination pathways, or remediation requirements.

11. Insurance Experts

Insurance disputes often involve specialized policy, underwriting, claims, and industry knowledge.

Consulting experts may include:

• insurance professionals;

• actuaries;

• claims specialists;

• underwriting experts; and

• insurance industry consultants.

They can help attorneys understand how policies are interpreted and administered within a particular industry and how claims are ordinarily evaluated.

12. Real Estate Experts

Real estate consultants may assist with:

• property valuation;

• commercial real estate;

• development;

• zoning;

• leasing;

• market conditions;

• property management; and

• real estate damages.

A valuation expert might determine the fair market value of a property, while an industry expert might analyze customary practices surrounding a commercial transaction.

13. Human Factors and Ergonomics Experts

Human-factors experts study how people interact with products, machines, environments, and systems.

They can be particularly useful in:

• product liability;

• workplace accidents;

• transportation;

• warnings and instructions;

• consumer-product disputes; and

• safety cases.

They may analyze whether a product’s design or instructions reasonably accounted for how people are expected to use it.

14. Transportation Experts

Transportation consultants can provide specialized knowledge involving:

• trucking;

• aviation;

• railroads;

• shipping;

• logistics;

• vehicle operations; and

• transportation safety.

For example, a trucking-industry consultant may analyze driver practices, company procedures, industry standards, or operational issues following an accident.

15. Statistical and Data Experts

Modern litigation increasingly involves large quantities of data.

Statisticians and data scientists can help analyze:

• datasets;

• trends;

• sampling;

• correlations;

• probability;

• regression analysis;

• survey results; and

• statistical significance.

These experts can be particularly useful in employment, antitrust, consumer, financial, and technology disputes.

16. Vocational and Economic Experts

Vocational experts evaluate a person’s ability to work and the impact of an injury or other circumstance on employment.

Economic experts can then assess the financial consequences.

They may be involved in cases concerning:

• personal injury;

• wrongful death;

• employment;

• disability;

• medical malpractice; and

• long-term financial losses.

17. Security and Risk Experts

Security consultants may assist with disputes involving physical security, cybersecurity, fraud prevention, and risk management.

Depending on the matter, they may analyze:

• security procedures;

• access controls;

• surveillance;

• cybersecurity practices;

• fraud controls;

• incident response; and

• industry standards.

These experts can be particularly valuable when a dispute asks whether a company took reasonable steps to prevent a foreseeable event.

18. Marketing and Consumer Experts

Marketing experts can help businesses understand consumer behavior, advertising practices, branding, market research, and customer perception.

They may be useful in:

• trademark disputes;

• false advertising claims;

• consumer class actions;

• product disputes;

• marketing litigation; and

• brand valuation.

They can analyze how consumers perceive a brand, advertisement, product name, or marketing claim.

19. Why Businesses Use Consulting Experts

The value of a consulting expert is ultimately about specialized knowledge.

A business may have experienced executives and sophisticated attorneys, but that does not mean they possess every type of technical expertise required to evaluate a dispute.

Consulting experts can provide an independent professional perspective before the company makes important decisions.

They can help answer questions such as:

• Is the opposing party’s technical claim credible?

• Does the evidence support our position?

• What are the weaknesses in our argument?

• How much might the dispute actually be worth?

• What additional evidence should we obtain?

• Is a testifying expert necessary?

• Which technical issues are most important?

• What questions should we ask the opposing expert?

In that sense, a consulting expert can function as a specialized advisor to the legal team.

Consulting Experts Can Be Used Before Litigation

Consulting experts are not limited to courtroom disputes.

Businesses may engage specialized consultants during:

• internal investigations;

• regulatory matters;

• pre-litigation assessments;

• contract disputes;

• insurance claims;

• settlement negotiations;

• mergers and acquisitions;

• compliance reviews; and

• major business decisions involving technical issues.

For example, a company considering whether to pursue a $20 million commercial claim might hire a financial consultant to determine whether the alleged damages are realistically supportable.

Similarly, a company facing a product allegation might retain an engineer before deciding whether to litigate, settle, redesign a product, or conduct additional testing.

How Consulting Experts Add Value

The strongest consulting experts do more than confirm what the legal team already believes.

They provide an informed, independent assessment.

A good consultant may tell the company:

“Your legal argument may be strong, but the underlying technical evidence is weak.”

Or:

“The opposing party’s calculation appears persuasive at first, but it relies on an assumption that is not supported by the available data.”

That type of analysis can change litigation strategy and help businesses make better decisions.

The expert’s value is therefore not simply in possessing credentials.

It is in applying specialized knowledge to the facts of a particular matter.

Legal Consultants for Attorneys and Law Firms

Noted consulting expert witnesses are retained to help a legal team understand, investigate, evaluate, and prepare a case.

Versus a testifying expert, a consulting expert’s primary role is generally to assist the attorneys and their client behind the scenes, rather than present opinions to the court.

There are consulting experts for virtually every field in which specialized knowledge may matter—from accounting and economics to engineering, medicine, science, cybersecurity, construction, intellectual property, insurance, real estate, statistics, and industry practices.

For businesses and in-house counsel, understanding these different types of experts is the first step toward determining what kind of specialized knowledge a particular legal matter requires.

The right question is not simply:

“Do we need an expert?”

It is:

“What specialized knowledge do we need, and which type of expert is best qualified to provide it?”

Once that question is answered, a business can identify the appropriate type of consulting expert and use that expertise to better understand the facts, risks, opportunities, and potential outcomes of its legal matter.