What is the difference between the consulting expert and the testifying expert?
The consulting expert is not expected to testify but consults with the attorney-client behind the scenes. She helps the lawyer develop the case. The testifying expert is expected to testify in deposition or trial. The consulting expert reviews and analyzes all aspects of the case. There is no limit on the scope of consultation. The testifying expert is restricted to areas of personal professional expertise. The consultant’ work product is generally undiscoverable. The Testifying expert’s work product is generally discoverable.