Expert Witnesses Provide Answers to Tough Questions
Retaining an expert witness in a contentious legal lawsuit can provide the insight and experience necessary for a jury or judge to clearly understand complex, technical issues in a lawsuit. When the judge and jury understand your case, you’re in a better position to win. Here’s an example.
CASE STUDY OVERVIEW
Company A, a large software company, buys Company B, a small startup software company with a specialized niche in software engineering.
Company A sells the services of both the combined companies A & B to Company C. Unfortunately, Company A’s marketing team oversold the capabilities of the combined company AB to Company C. A key factor in this case was that Company B has specialized skill and talent to perform the work company C required. Company C entered into a contractual arrangement with Company AB for software development work.
Three months later, Company C’s original project budget was totally depleted and another 100% of the budget had to be allocated for the remaining work.
The work schedule slipped six months past the original agreed upon contractual date. Company C sued Company AB for breach of contract, failure to perform and lack of technical competency. Because Company AB and Company C were in different states, the case was set to be tried in Federal Court. Company C retained expert witnesses to review the entire project and identify where possible errors occurred.
THE EXPERT WITNESS’S ROLE
The retained expert witness is a computer science professional who has extensive software development experience. The expert witness determined that Company AB had culpability and liability in this action.
- First, Company A failed to successfully integrate Company B into its culture, creating a critical liability.
- The quality of the developed software was poor. For instance, over 50% of the newly developed software modules required significant rework and redesign.
- Further, there was a lack of senior level managerial commitment by Company AB for this contract with Company C.
- Company AB continued to lose key employees during the project.
- The Company C contract was not a large money maker for company AB. Subsequently, the company assigned the newest and least experienced personnel to the project.
While this case is still in discovery stages, a jury trial is all but assured.
When entering or pursuing a complex legal matter, seeking and retaining professional expert counsel and expert witnesses should be the first step. Expert witnesses possess key domain and discipline knowledge that can help a judge or jury separate fact from fiction. If the judge or jury understands the case and your position, you’re in a better position to win.
Importantly, using the services of an expert witness who has domain knowledge is a cost efficient, effective way to help the judge and jury find the right answer to the legal question being litigated.
If you need help resolving a tough legal matter, let our consultants discuss the matter with you. Call us 817-386-3032; we will be happy to review your case with you. Visit our expert witness support services page to learn more.