When Expertise Isn’t Enough
In litigation, the difference between winning and losing can hinge not on who the expert is – but how they’re used. Even strong cases can falter when expert witnesses are brought in too late, underutilized, or poorly aligned with case theory.
With over 35 years in hospitality, nightlife, and premises liability, I’ve worked with law firms across the U.S. – including Arnold & Itkin LLP, Beasley Allen Law Firm, and Holden Litigation – to identify how expert integration can make or break a case.
Here are the five most common mistakes attorneys make when working with expert witnesses – and how to avoid them.
1. Waiting Too Long to Engage an Expert
The Mistake:
Many attorneys bring in an expert after discovery closes, expecting them to validate conclusions or draft a report under tight deadlines.
The Reality:
By that point, the evidence has already been shaped – and key data may be missing. Early engagement allows the expert to guide discovery, spot operational inconsistencies, and help identify critical materials like training logs, surveillance footage, or risk management reports before they’re lost.
“The earlier I’m involved, the more strategic the case becomes – not just reactive.” – Ryan Dahlstrom
2. Using the Expert as a Mouthpiece Instead of a Partner
The Mistake:
Treating the expert as a one-time witness rather than a strategic partner in building the case narrative.
The Reality:
Experts provide their greatest value when integrated into the legal team early, helping shape theory of liability and aligning evidence to industry standards. For example, in a Dram Shop case, identifying where a bar’s training and supervision failed to meet standard practice can completely reframe foreseeability arguments.
When experts are treated as collaborators, their testimony becomes more consistent, confident, and defensible.
3. Failing to Align the Expert with Case Theory
The Mistake:
Attorneys sometimes retain a qualified expert – but fail to brief them deeply on the legal theory or narrative of the case.
The Reality:
Even a credible expert can lose effectiveness if their findings don’t clearly support the overall legal argument. A well-aligned expert witness should not only answer technical questions but also connect operational facts to legal duty, breach, and causation.
- Clarify case objectives and legal framing
- Anticipate opposing expert strategies
- Establish consistent language for testimony
Alignment ensures testimony strengthens the legal narrative instead of appearing disconnected.
4. Overlooking the Power of Expert Witness Reports
The Mistake:
Attorneys sometimes see reports as a procedural necessity – not a strategic advocacy tool.
The Reality:
An expert report is often the first impression the court and opposing counsel have of your expert’s credibility. Weak formatting, vague conclusions, or jargon-heavy language can undermine even the most solid opinion.
- Ensure Rule 26 compliance
- Use clear, persuasive language
- Support every conclusion with documentation
“My reports are designed to educate, not overwhelm. Clarity wins credibility.” – Ryan Dahlstrom
5. Neglecting to Prepare the Expert for Cross-Examination
The Mistake:
Attorneys sometimes assume a seasoned expert doesn’t need cross-prep.
The Reality:
Even experienced witnesses benefit from mock cross-examinations and case rehearsals. Cross-prep ensures consistency under pressure and strengthens the witness’s composure when faced with aggressive questioning.
I’ve helped law firms anticipate opposing expert tactics, refine phrasing, and prepare strategic visual aids that make testimony more persuasive – and less vulnerable.
Conclusion: Experts Win Cases When They’re Treated as Partners
An expert’s insight can’t salvage a disorganized case – but when properly integrated, they elevate every stage of litigation. From discovery to deposition, early and collaborative expert involvement builds stronger, evidence-based strategies that withstand scrutiny.
Attorneys who understand how to leverage expert witness analysis effectively don’t just build better cases – they build credibility that lasts.
Ready to Strengthen Your Case Strategy?
Work with an expert who collaborates as part of your team – from strategy to testimony.
Ryan Taylor Dahlstrom
Consulting & Testifying Expert Witness
- Dram Shop Liability
- Nightlife & Entertainment Security
- Hospitality Operations
- Premises Safety & Negligence
📞 Contact Ryan | 🌐 ryandahlstrom.expert