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When to bring an expert into the case

Almost every expert engagement that goes badly was started too late. Not late against a deadline — late against the moment when the answer could still have changed what counsel did.

The two costs of waiting

The first is procedural: less time to complete a substantive review before disclosure. The second is strategic and larger: a case theory that has already been pleaded, argued and partly discovered around an assumption the records turn out not to support.

What an early review can actually tell you

Whether the records contain what the theory requires, which discipline the matter actually turns on, what additional material would need to exist, and whether the case has an obvious alternative explanation that will have to be met.

When 'early' is not the right answer

Where the matter genuinely may not proceed, where liability is likely to be resolved without reference to the technical question, or where the records that would form the opinion do not yet exist. Retaining an expert to review an incomplete production is generally paying twice.

Where jurisdiction changes the answer

California pulls the deadline forward. Its simultaneous exchange means both sides commit without seeing the opposing opinion, so a rebuttal-minded sequence — core opinion now, respond to their expert later — does not work.

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Discuss your matter with Dr. Alban

Preliminary screening is complimentary. Send the posture of your matter — jurisdiction, claims, and the schedule you are working under — and you will get a candid read on which expert discipline the issue points to and whether the materials look suitable for expert review. Serving attorneys and law firms throughout California, Washington, and Oregon — available for consultation, report preparation, deposition, and trial testimony, in person and remotely.

Service area
California, Washington, and Oregon — state and federal courts, in person and by remote deposition.

Please do not include privileged or confidential client information in this initial message.

By submitting this form you acknowledge the following: I understand that West Coast Expert Witness and Themis Expert Witness, LLC are not law firms, do not provide legal advice or representation, and are not responsible for determining legal claims, procedural requirements, or deadlines.

Submission of this form does not create an attorney-client relationship, expert-retention relationship, fiduciary relationship, or confidential relationship. West Coast Expert Witness and Themis Expert Witness, LLC do not provide legal advice and are not responsible for identifying, calculating, or preserving litigation deadlines.

Complimentary preliminary screening is limited to identifying a potentially appropriate expert discipline, checking availability and conflicts, and determining whether the submitted materials may be suitable for expert review. It does not include legal analysis, evaluation of claims or defenses, calculation of deadlines, or an opinion concerning whether a lawsuit is viable.

If you are not represented by an attorney: Individuals without counsel should consult a licensed attorney regarding the viability of their claims and all applicable deadlines before retaining an expert.

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