Surviving A Daubert Challenge: A Survey Of Attorneys

Needham, Allyn B. 2003. “Surviving A Daubert Challenge: A Survey Of Attorneys.”  The Earnings Analyst  5: 27-34.


After the Daubert and Kumho decisions, economic, vocational rehabilitation and life care planning experts face a greater likelihood of their reports being challenged by opposing counsel. A challenge may lead to an expert’s trial testimony being limited or excluded. To be successful in this new environment, experts need to have insight into the thought processes of the opposing side. To assist in this area, six law firms specializing in defense work agreed to respond to a survey. Ten questions were asked relating to recent challenges, most common reasons for challenges, and what experts could do to limit the risk of being challenged. This report provides a summary of their responses. Although non-scientific, this report is intended to provide a window into the thinking of attorneys as they review an expert’s report.


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