5.6.2.2. Consultant or Expert Witness

• Jurisdiction: Arizona

Most experts are initially hired as consultants prior to being identified as a testifying expert. You should almost always hire an expert as a consultant initially, and especially if you have never used the expert before. You should avoid the risk of identifying an expert prior to knowing the expert’s opinions. If the case justifies it, you may decide to retain both a consultant and a separate testifying expert.

A consultant acts as a confidential advisor to you and your client. Communications with a consultant are protected by the work-product privilege unless, in Arizona state court cases, you later decide to use the consultant as...