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Simple English definitions for legal terms
consulting expert
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A quick definition of consulting expert:
A consulting expert is someone who has a lot of knowledge or experience in a certain subject and can help people understand it better. They are usually hired by one side in a legal case to give advice, but they are not expected to testify in court. This means that their opinions are usually kept private and not shared with the other side. There are also other types of experts, like impartial experts who are chosen by the court to give an unbiased opinion, and testifying experts who are expected to testify in court.
A more thorough explanation:
A consulting expert is a person who has developed skill or knowledge in a particular subject through education or experience. They are hired by a party in a legal case to provide an opinion that will assist the fact-finder. However, unlike a testifying expert, a consulting expert is not expected to be called as a witness at trial.
For example, in a medical malpractice case, a consulting expert may be hired by the plaintiff's attorney to review medical records and provide an opinion on whether the defendant doctor breached the standard of care. The consulting expert's opinions are generally exempt from the scope of discovery, meaning they do not have to disclose their opinions to the other party.
Another example is in a patent infringement case, where a consulting expert may be hired by the defendant to review the plaintiff's patent and provide an opinion on whether the defendant's product infringes on the patent. The consulting expert's opinions can help the defendant prepare their defense strategy.