Draft Report Review (DR2)
Ignorance is Risk
Draft Report Review allows clients to review draft expert reports that are under preparation. No matter how distinguished an expert, the science presented is based upon peer review. Einstein himself modified his work after peer review. Will your expert report hold up to scientific scrutiny by the opposing side? Or in a Daubert hearing? Prevent losing your case and find out how strong your expert opinions are by subjecting the draft expert report to peer review from neutral and unbiased scientists.
Strengthen arguments that may not be up to scientific rigor
Anticipate your opponent's arguments to your expert's report
Preempt your opponent's arguments to exclude your expert's opinions
The work done by JuriLytics is work-product Privileged since we are hired as consulting experts in your case. We communicate with the attorney only to ensure privilege is maintained.
With proper planning, we can pre-arrange the peer reviewers before even seeing the report - we just need to know the issues involved. Once the draft report becomes available, we can usually have the review process completed within 1-2 weeks.
Because our reviewers are not testifying, we can typically perform our targeted evaluations at a fraction of the cost needed for a testifying expert. Our aim isn't to evaluate your case, but to make sure your expert can survive a Daubert challenge.
The scientists that we use are researchers and are chosen specifically because they have published extensively in the field of interest. They may have never testified, and their aim is to provide the state-of-the-art to the legal system.
My experience as a Nature editor was that most papers went through considerable change (not always voluntary on the authors' part!) between submission and acceptance...- Charles G. Jennings, former editor with the Nature journals
The Review Process (DR2)
- You contact JuriLytics about your case
We can be reached either by:
- Phone at (650) 273-6476, Monday-Friday 8AM-5PM PST, or
- E-mail at firstname.lastname@example.org 24/7. We respond within 1 business day.
- We perform a conflict check
Before we can assist you with your case, we will perform a conflict-of-interest check with the parties involved in your case.
- We are retained as consulting experts
In order to assist you, JuriLytics must first be retained as a consulting expert. For new clients, a nominal retainer may be requested. A Client Agreement must also be executed by the client and JuriLytics.
- You give us a case summary and expert materials to review
After retaining our services, we will request expert materials for the report(s) that need peer review. The materials will include:
- The draft expert report(s)
- Copies of all references/authorities cited within the report(s)
- A Curriculum Vitae (CV) of the author(s) of the report(s)
- A testimony list of the author(s) of the report(s)
- We determine the relevant technical fields
In conjunction with your input, JuriLytics will analyze the expert report(s) to determine the relevant technical fields that are necessary to perform the peer review. JuriLytics has access to technical expertise across all academia, including medicine, biology, environmental science, economics, accounting, engineering, computer science, and much, much more!
- JuriLytics assembles a short list reviewer candidates
JuriLytics will compile a list of 15-20 potential scientists/academics that are luminaries in the relevant technical areas of the target expert report. We have developed a customized process capable of finding those individuals that have published the most groundbreaking research and are well-regarded in their scientific communities.
- First 3 vetted reviewers perform analyses
After selecting a list of reviewers, JuriLytics will perform a preliminary conflict-of-interest evaluation to make sure that the potential reviewer has not 1) co-published with the author of the target expert report, and 2) been excluded in court as an expert witness. The reviewers will then be systematically contacted. All interested reviewers will then be asked to fill out a more detailed conflict-of-interest questionnaire. If no conflicts exist, then the reviewer will be retained by JuriLytics to peer review the target report.
The entire selection process takes 1-2 weeks, depending on availability of scientists. JuriLytics recommends that the panel assembly process should be completed well before the draft report needs to be reviewed. This will ensure a quick turnaround of the actual draft report review, which usually takes only 1-2 weeks to complete.
- Reviewers complete customized reviews
Reviewers will be given the target draft report, the author's CV, and a list of references cited within the report. The reviewers will also be given a Review Template that is customized by JuriLytics to target the most relevant questions that judges must answer in their gatekeeping duties under Daubert. The client can evaluate the Review Template and make requests to add additional questions to the Template.
Reviewers will typically complete their review of the report within 1-2 weeks after receiving all materials.
- Client uses the Reviews!
After completion of the Reviews, JuriLytics will grant access to the non-final work-product to the client. Meanwhile, JuriLytics will check the Reviews for editorial errors and clarity. The Reviewers will then be given a chance to respond to editorial suggestions and finalize the Reviews. JuriLytics will then send the client all finalized work-product for their use.
The Reviews will always remain protected under work-product doctrine and can be used by the client to solidify the Expert Report. The Reviews can also be used to anticipate the opponent's arguments and preempt an opponent's Daubert challenge.
- (Optional) Schedule a Q&A session with the reviewers
If the client requests it, JuriLytics can arrange a telephone conference call so that the client can directly ask the Reviewers questions regarding their case and the expert report they evaluated. This service will be available pending the availability of the Reviewers.