Consultants are non-testifying experts who do not have to be designated. This allows an attorney to retain a consultant for their expert advice while maintaining confidentiality. All communications with a consultant are privileged. Consultants may not be deposed. A consultant can educate and guide an attorney, but no special personality traits or work history is required. However, should an attorney later decide to use the consultant as an expert witness, he or she can simply designate the consultant as a testifying expert.

Sometimes an attorney will hire several high-profile experts as consultants early in a case, at a minimum fee, order to keep the opposing law firm from hiring them as experts, and to send a message to the other side. This is a strategy worth considering.

Consulting Agreement