Every counsel knows and understands too well that once your expert witness has been provided information and performs a written analysis that there is a high probability that the work and information provided is discoverable. Counsel also knows that once the expert talks with any fact witness that those discussions are too, potentially discoverable.
In high stakes litigation and arbitration where the amounts in dispute are so high as too often to be referred to as "bet the company" cases, or at least grab the attention of the Executive Management of the company, there is a critical need to determine what the potential weaknesses in one’s claim or response thereto. It is becoming more and more common for in-house and outside counsel to seek the advice and even analysis of third-party experts that can assist counsel in strategizing their case, determining what those weaknesses may be-whether that is with statements from fact witnesses to reviewing documents that may require the document to be put in context, to performing preliminary analyses to review the preliminary results prior to any fact witness interviews, document reviews and/or analyses being undertaken by the testifying expert witness.
While Pegasus-Global personnel do not serve as testifying expert witnesses, we can assist you in strategizing how you should approach your dispute. Whether it be assisting with the "folk-lore" memory of the fact witnesses using actual project documentation to prepare them before any interviews with expert witnesses, or whether it be to ferret through documents to ensure proper context with issues, or whether it be assisting counsel with the identification and/or prioritizing of potential issues, Pegasus-Global can provide protected confidential attorney work product and advice to guide you through those large disputes when they arise.