The right expert must do more than recognize industry terminology. Counsel needs someone whose experience fits the disputed role, who can separate operational custom from legal conclusions, and who can explain the transaction without overstating what the records support.
1. What Have You Actually Done?
Ask whether the expert has handled the type of file at issue, supervised the people who perform that work, written procedures, managed exceptions, or been responsible for the operation. Employment in the industry can be relevant, but direct responsibility is often more informative.
2. Which Role Are You Qualified to Evaluate?
Title insurer, underwriter, title agent, escrow holder, settlement agent, closing attorney, lender, broker, notary, and recorder perform different functions. An expert should identify the role being evaluated and avoid treating the transaction participants as interchangeable.
3. Do You Accept Both Plaintiff and Defense Matters?
There is no single correct mix, but counsel should understand whether the expert regularly evaluates matters from both sides and whether the opinion follows the records rather than the identity of the retaining party.
4. How Do You Define the Assignment?
A useful expert should be able to state the operational question, the materials needed, the assumptions being made, and what falls outside the engagement. Be cautious when a proposed scope is so broad that it includes legal conclusions or subjects outside the expert's experience.
5. What Records Do You Need First?
The answer should match the issue. For an escrow instruction dispute, the expert may need the agreement, all instruction versions, communications, ledger, funding conditions, and closing package. For a title issue, the commitment, exception documents, clearance records, policy, claim file, and property history may be central.
6. Can You Explain the Transaction Clearly?
Ask the expert to explain the disputed process in plain language. Clear communication matters in reports, depositions, mediation, and trial. Operational depth has limited value if the expert cannot organize the sequence for a non-specialist audience.
7. What Could Change Your View?
An independent expert should be able to identify missing information, competing explanations, and the records that could alter a preliminary assessment. Certainty before document review is a warning sign.
8. Are You Available for the Actual Schedule?
Confirm conflict-check timing, disclosure deadlines, report expectations, deposition windows, trial dates, travel, remote availability, and competing commitments. Availability should be verified before the engagement is finalized.
9. How Are Fees and Retainers Structured?
Request written terms for review time, conferences, reports, deposition, trial, travel, minimums, cancellation, and replenishment. Compensation should not depend on the outcome of the matter.
10. What Should We Send for the Conflict Check?
Provide party names, related entities, counsel, jurisdiction, a brief nonprivileged summary, and deadlines. Do not send substantive confidential documents until conflicts and engagement terms are complete.