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The Elephant in the Room


We've all heard the phrase "the elephant in the room".   In a nutshell, it refers to something unpleasant that is being ignored because no one wants to deal with it.  If it is ignored, maybe no one else will notice.  Nice in theory, but very dangerous in the world of litigation.
Also called the "smoking gun" or the "skeleton in the closet", the elephant can be something that applies to the opposing party's expert witness OR to yours.


The opposition's expert witness can be disqualified, discredited or excluded at several stages in litigation -- discovery, a Daubert hearing, or cross-examination at trial.  The disqualification of an expert witness can be the death knell for the case if his or her testimony is crucial to the theory of the case.  But you have to be aware of the smoking gun that could change the tenor of the case.  If the opposition is aware of the elephant but choosing to ignore it, they may think that you'll never find it.  Trust us to hunt down the facts they may want to downplay or hide.  Our Vetted & Verified Reports will give you a full dossier on their expert witness, including any ammunition that may be available to impeach, discredit or disqualify.


Failing to discover these potentially fatal flaws in the opposing expert's credentials can result in an unfavorable outcome in the case which, in turn, may result in an unhappy client. But failing to discover these flaws about your OWN expert can have potentially disastrous results, even malpractice, especially in light of the escalation in requirements of technical competence as applied to research.  The Legal Expert Witness Network provides a basic Vetted & Verified Report for any expert we present for consideration who you engage.  You can dig even deeper with our Vetted & Verified Deep Dossier, available at a discount when you engage an expert we present.


Sometimes, unknowingly or not, even the expert witness ignores his or her OWN elephant in the that unfinished thesis that was never submitted to earn the doctorate that is listed on the CV as conferred.  This isn't something you want to discover at the deposition.  Even if everything else about the expert witness matches up on paper, one material fact such as this can affect the perception of the expert witness' veracity in other areas.