Commerce Partners- Business Reorganization & Expert Witnessing

Working as a team with litigation, bankruptcy, and business attorneys, Expert Witness Group Members can perform the following services:

1. Initial Review - Factual Issues - Causes of Action: Review the client supplied initial documents, and information. Suggest probable: (i) breaches, (ii) non-customary practices, and (iii) administrative, public relations, reputational, or marketing sensitivities of the parties. Discuss probable causes of action.

2. Prepare an initial focused and industry experienced document production list for the opposition, and further documents to be requested from the client.

3. Subsequent Document Review: Review initial documents produced by opposition and client.

4. Probable Factual or Public Relations Issues: Assist in the development of a fact-oriented litigation discovery strategy, including possible settlement alternatives, sensitive to the opponent's regulatory and public relations issues.

5. Field Research - General: Discovery and analysis of general factual matters, public relations sensitivities, general regulations, customary procedures and policies in the industry.

6. Factual Issue Ranking - Research Budget: Prioritize the factual issues and non-customary practices by both the opposition and client. Aid attorney in prioritizing recoverable causes of action. Create prioritized and focused industry experienced research method and budget for attorney determined causes of action.

7. Focused Field Research and Summary Charts: Perform focused field research and document review based upon the attorney's litigation strategy and factual issue priorities. Prepare summary charts and graphs.

8. Focused Document Production and Deponent List: Prepare focused: (i) document production lists for opposition and client, and (ii) list of deponents, generally by position, occasionally by name. They will be probable, or actual, sources of the significant documents or information.

9. Deposition Preparation: Assist in creating, prioritizing and scheduling deposition questions and deponent interviews.

10. Expert Witness: Act as both testifying and research expert witnesses, or assist attorney in locating other appropriate experts.

11. Witness Preparation: Assist attorney in preparing both precipient and expert witnesses.

12. Deposition or Trial Assistance: Assist attorney with both direct and responsive questioning of precipient and expert witnesses at both deposition and trial.

13. Jury Analysis: Suggest possible jury analysis methods, consultants and presentation.

14. Trial Presentation: Suggest possible trial presentation methods and consultants to provide a factually understandable and psychologically convincing trial presentation.

a. Review client's supplied documents and information and Attorney's preliminary causes of action.

b. Provide recommendations regarding: (i) potential factual issues, (ii) regulatory, economic and public relations' sensitivity of parties, and (iii) priority of factual severity of probable breaches.

a. Create preliminary research methodology, outline and probable cost based upon: (i)timing, (ii) precise or broad report coverage, and (iii) probable deliverables.

a. Discuss attorney's definition and expectations for Expert's role as: (i) litigation support, (ii) field research of factual matters and documents, (iii) expert witness, (iv) causes of action or settlement suggestions, (v) statutory analysis, (vi) document production lists, (vii) deposition questions, (viii) field research to locate industry - manuals - regulations - laws - interpretations, (ix) describing reasonable and customary practices, (x) suggesting other research or testifying experts, researchers or trial support and presentation methods.

a. Clarify anticipated: (i) cause of action priority, (ii) the amount and sufficiency of factual information to support each cause of action (a broad or a narrow research scope), (iii) trial presentation, and (iv) trial or deposition methodology.

a. Coordinating and defining the Client's and Attorney's expectations regarding: (i) various expert roles and their budgets, (ii) deliverables, (iii) broad or narrow scope of research, (iv) fees and costs, (with or without further Attorney or Client approval) (v) retainer, (vi) payment assurances, (vii) Expert's and Attorney's timing and coordination, (viii) client contact, (ix) document and file access, (x) daily - weekend - evening hours, (xi) oral or written reports, (xii) form of reporting, and (xiii) Attorney, or staff, contact.

a. Establish a procedure and expected schedule for: (i) Attorney/Expert: telephonic conversation, personal meetings, reports, reviews, (ii) Attorney, Expert and Client: reorientation or reprioritization of causes of action or factual issues, (iii) reviewing the number and type of anticipated: charts, graphs, lists, (iv) reviewing the availability of: research assistance, and (v) receiving fee and cost payments and assurances.

a. Obtain client approval of Attorney/Expert approved anticipated: (i) budget, (ii) timing, (iii) research, (iv) role, and (v) deliverables.

a. Establish regular procedures and "red flags" for any significant changes in either the Attorney's, Client's or Expert's previously discussed items.

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