An ERP expert witness provides litigation support to attorneys representing software developers, system integrators or end-user clients. The expert witness works closely with attorneys to determine where the failure points lie within failed ERP implementations.
If you’re an attorney, software developer, VAR or end-user seeking a software expert witness, here are ten tips for finding a good one:
1. Look for an expert witness who is unbiased
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2. Find an expert witness who has worked with both vendors and end-user clients
3. Assess their testimony experience
4. Determine if they use an individual or team-based approach
5. Determine if the expert has previously been disqualified
6. Consider the amount of expert witness experience
7. Find an expert who has consistent historical documentation
8. Look for an expert with a history of publication
9. Look for schedule flexibility
10. Find an expert who is detail-orientated
Following these guidelines when looking for an expert witness will save you time and money in the long-run. While it takes time to investigate expert witness qualifications, your efforts will pay off when your chosen expert delivers a testimony that wins the case.
An Expert Witness Case Study
The government agency engaged an expert witness to determine the feasibility of a lawsuit. Had the consulting firm met the contract terms? Was legal action warranted or were the delays and staffing issues within reason?
The expert witness team audited several thousand case documents to develop an analysis and argument for the legal team. The expert witness team determined the project delays were unreasonable, and the consulting firm hadn’t provided promised resources. Documenting their findings in a 70-page analysis, the team gave the agency confidence in their proposed lawsuit.
The lawsuit helped the agency recover tens of millions of dollars in lost business benefits and consulting fees.
The government agency was successful because they hired an expert witness team as opposed to a single expert. The team had a breadth of experience working for both plaintiffs and defendants and had significant selection and implementation experience. This is the type of team you need when your ERP implementation fails.
