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Working With Expert Witnesses: Legal and Ethical Obligations

(597 reviews)

Produced on December 17, 2019

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Course Information

Time 1h 1m
Difficulty Intermediate
Topics covered in this course: Ethics Litigation

Course Description

This program, presented by Lindsay Tasher, Sam Tasher, and Steve Tasher of Wyatt Partners, will explore one of the most critical relationships in today’s litigation/transaction arena – that between the client/counsel and the expert witness.  In today’s legal market, work performed by expert witnesses can have a vital impact on overall outcomes – including the value of a transaction, the litigation settlement process, and both judge/jury trials. This seminar will delve into how and why this is so, the stages of this relationship (from hiring your expert to preparing them for a trial and beyond), the legal and ethical issues surrounding this relationship, and, finally, the best corporate and firm practices to handle them. Through discussions of case law, the Rules of Professional Conduct, and their widely diverse range of experience on these issues, our speakers will provide insights on a topic that affects everyone in today’s legal and business market. 

Learning Objectives:

  1. Identify best law firm/corporate practices in hiring your expert witness (including timing of retention, interviews, budgets, engagement agreements, and scopes of the assignment)
  2. Review the exchange of necessary information to assist your expert
  3. Discern the difference between working with experts who are attorneys versus non-attorneys
  4. Discuss how to use your expert ethically to shape the strategy of your litigation/transaction
  5. Examine how to work with your expert in connection with written work product and/or testimony
  6. Explore how experts should bill their time (and how indemnity/insurance issues may factor into the billing process)
  7. Analyze how the Rules of Professional Conduct apply to all of the above, including communication between client and counsel about the expert, and supervising/managing the expert over the course of the assignment

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


Lindsay H. Tasher

Wyatt Partners

Lindsay H. Tasher is Managing Director at Wyatt Partners, where she focuses her time on attorney fee expert witness work, advising major corporations and law firms on the development of litigation budget programs and billing guidelines, and assessing and evaluating the reasonableness of attorney’s fees in complex litigation in federal and state court throughout the United States. Prior to her work with Wyatt, Lindsay was in private practice in two law firms – one in New York and one in New Jersey. She handled all types of civil litigation, with an emphasis on aviation mass-tort law and wrongful death/personal injury claims against airlines and their insurers. She also gained experience in product liability and asbestos defense litigation, as well as various commercial claims under both New York and Jersey state and federal law, including claims for breach of contract, fraud, negligence, and breach of fiduciary duty.

Lindsay received her undergraduate degree in English from Princeton University in 2000 and her law degree from The George Washington University Law School in 2005. She currently serves on the board of Cancer Hope Network as co-chair of the Marketing Committee and Golf Committees (and, for several years, served as General Counsel), a not-for-profit organization that provides free and one-on-one support to cancer patients and their families.

Lindsay also served several terms on the George Washington University Law School Alumni Association Executive Board of Directors, and currently serves as Chair of the Barrister’s Society.

Samuel L. Tasher

Wyatt Partners

Samuel L. Tasher is Managing Director at Wyatt Partners. In this capacity, Samuel provides expert analysis and opinions on the reasonableness of attorneys’ fees in complex litigation around the world, and serves as an advisor to major corporations and law firms on the development and implementation of billing guidelines and other tools to manage their legal spend. Samuel also serves as the General Counsel of Cloud X Partners, LLC (a cloud technology company), for which he manages its legal matters and supervises its outside counsel for litigation and corporate governance. Samuel is also a frequent lecturer on legal ethics and attorneys’ fees around the country. Samuel received his A.B. (cum laude), J.D., and LL.M. from Duke University.

While at Duke, Samuel spent several years working for Duke University’s Athletics Department in various capacities, including the Compliance Office and Legal Department. Samuel spent a summer in the legal department of the New York Yankees. Samuel is licensed to practice law in New York, New Jersey, and the District of Columbia.

Steven A. Tasher

Wyatt Partners

Steven A. Tasher is one of the nation’s leading experts on legal fee matters. He is the Chief Executive Officer of Wyatt Partners, a multi-faceted legal services company. As CEO, he serves as an expert, assessing and evaluating the reasonableness of attorneys' fees and expenses in complex litigation in federal and state courts throughout the United States and as an advisor to major corporations and law firms on the development and implementation of billing guidelines, litigation budget and bill review programs. His entire legal career has focused around the handling and supervision of major litigation throughout the world.

Before launching Wyatt Partners, Steven served as Vice President and Associate General Counsel of Wyeth and as Senior Vice President of its pharmaceutical division. His responsibilities included the supervision of five global operating departments of the company as well as supervision of the company’s major litigation.

Prior to Wyeth, he was a partner in two major international law firms, Donovan Leisure Newton & Irvine and Willkie Farr & Gallagher, an in-house counsel for the DuPont Company and Deputy Attorney General for the State of New Jersey where he handled major litigation and appellate matters and served as Chief Counsel to four cabinet officers.

Steven currently sits on the boards of several corporate, philanthropic and academic institutions and is an adjunct faculty member at the New Jersey Institute of Technology. His educational background includes a B.A. degree with honors from Rutgers University and a J.D. degree with honors from the George Washington University Law School.


Daniel H.

Great speakers and well organized.

Daniel M.

Very well organized and enlightening presentation.

Frances M.

Very nice. Excellent presentation, engaging and informative with no wasted time.

Peter H.

Well prepared and organized

Yvonne B.

After last class, I'm glad this one was co-taught. Kept it engaging and informative. Nice to hear their smiles and courtesy with each other as well as the class.

David H.

Excellent presentation.

John R K.

Fast moving and relevant.

Owolabi A.


James A.

Clear and well-organized.

Kenneth C.

Very good program overall.

Esther S.

very informative- great presentation

Julie A. B.

Good exploration of the relationship between client/counsel and the expert witness. Program transcript appears as an INDD file and prefer PDF for ease in opening.

Dahyun K.

great course.

Marlin B.

This was an excellent course

Jayne W.

really great, very personable...

Daniel O.

Informative program.

Dwight B.


ethan l.

Good interplay between speakers

Paul V S.

Interesting and presented well.

Joseph P.

Slides were drafted in excellent outline format

Charles M.

Excellent Program

Colin Michael B.

The first 1/2 hour is very basic but the latter half hour was very helpful.

angela v.

thanks for tip about checking local rules...

Robert H.

Good crew of presenters. I appreciate the diversity of experiences.

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