Two views on the role that an attorney should play in the drafting of an expert report
From the www.daubertontheweb.com, Blog 702:
A sonnet from an attorney who wants to 'help' his expert:
My expert wants to write his own report.
He thinks he knows exactly what to say To stave off every possible retort.
It’s true he has a fancy resume And quite bestrides his world of academe, Much held in awe by friend and foe alike.
But I do fear that if he sets the theme, The other side will promptly move to strike.
Of course, I know they’ll do that anyway, But we might have a chance, if I could pen The testimony that could save the day.
Why be content with dreams that might have been?
It’s sauve qui peut, in this economy.
I pay this guy. Screw his autonomy.
A sonnet from an attorney who does not 'help' his expert:
I think I shall never see
An expert report penned by me.
For if he should admit on cross
That his words were viewed as dross,
Toss'd aside for those of mine,Loudly parroted line for line,
What'd be left of his credibility?
"A mouthpiece of slim ability!A dummy! A quack! A for-pay leech!"
So opposing counsel would impeach.It may be hard, it may be tough,
But I cannot stress enough,Pay a fellow who can think and write
To ably win the expert fight.
A sonnet from an attorney who wants to 'help' his expert:
My expert wants to write his own report.
He thinks he knows exactly what to say To stave off every possible retort.
It’s true he has a fancy resume And quite bestrides his world of academe, Much held in awe by friend and foe alike.
But I do fear that if he sets the theme, The other side will promptly move to strike.
Of course, I know they’ll do that anyway, But we might have a chance, if I could pen The testimony that could save the day.
Why be content with dreams that might have been?
It’s sauve qui peut, in this economy.
I pay this guy. Screw his autonomy.
A sonnet from an attorney who does not 'help' his expert:
I think I shall never see
An expert report penned by me.
For if he should admit on cross
That his words were viewed as dross,
Toss'd aside for those of mine,Loudly parroted line for line,
What'd be left of his credibility?
"A mouthpiece of slim ability!A dummy! A quack! A for-pay leech!"
So opposing counsel would impeach.It may be hard, it may be tough,
But I cannot stress enough,Pay a fellow who can think and write
To ably win the expert fight.
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