Based in Denver, Colorado, Holloway Consulting also serves as a non-retained construction expert witness, which usually includes analysis and opinions regarding causation, damages and contractor standard of care, because such issues are inherent in our work and practice.
Holloway Consulting has found that the standard of expertise while serving as a non-retained expert and consulting expert is no less stringent than the standard for retained expert witnesses. What this means is that, as a non-retained expert, we can play an essential role in educating Client, Counsel and/or a fact finder about both general principles and technical issues while still being neutral.
It is important to note what distinguishes a percipient or non-retained expert witness, who is asked to recount something that he or she perceived, from an expert witness, who is asked to express an opinion about something in the case.
Sometimes referred to as “expert” percipient witness, or simply non-retained expert witness, this witness may provide testimony that can go beyond strict observation of events and offer an opinion, so long as that opinion was not formed in anticipation of litigation or in preparation for trial.
The key to determining whether an expert has been retained is not simply a question of whether or not the expert was paid. The distinction instead turns on whether or not the expert’s opinion is entirely based on his or her own personal observations, or if they are instead forming an opinion on facts of the case that they are not personally familiar with.
Experts outside of the client’s control have credibility precisely because such control creates a perceived bias. This is why third-party, non-retained experts like Holloway Consulting are such effective assets in trial – they, in a way that a retained experts sometimes cannot, can convey to a jury truly convincing and authentic neutrality.
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