D.    Knowledge of the Working Style of the Attorney

The relationship between an expert witness and the attorney should be collaborative, trusting and supportive, and the personalities of the two parties must be compatible. An attorney should share with the expert witness the “big picture” so that the expert can focus on the important issues.

It is also critical for the expert to have the trust and respect of the attorney.  This requires that the attorney accept the expert’s opinion, and respect any limitations on his/her opinion.  

E.    Knowledge of the Client and How It Operates

An expert must be familiar with how the client generally operates. This would include such items as the client’s level ofsophistication, its inner political workings, its staffing methods and its approach to resolving issues.

Following the advice set out above for the strategic selection and use of an expert can greatly increase the effectiveness of the legal team, and, in turn, influence your chances for a successful outcome for your case.

Richard Volack is a partner in Peckar & Abramson’s New York office. He specializes in construction litigation, regularly counseling some of the country’s largest general contractors, construction managers and owners in all aspects of construction dispute resolution, including claims involving breach of contract, construction defects, design defects, schedule and impact delays, mechanic’s liens, surety bonds and insurance.


Don Irwin is an architect in New York City. In addition to his design experience on projects ranging from single-family homes to high-rise developments, he has provided legal support consultation and expert-witness services in more than 200 architectural/construction-related litigation, arbitration, mediation and private settlement proceedings throughout the U.S. in both state and federal courts. His services have been provided on behalf of architects, engineers, building owners, contractors, construction managers, insurance companies, lawyers, developers and institutions.