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Zeroing In: Keep your Expert Reports Clear and Focused

July 16, 2025
Reviewing reports with magnifying glass and typing a report on a laptop.

By Noah Bolmer

An expert report isn’t a treatise—instead, it should be a focused articulation of your expert opinion and the evidence and reasoning that supports it. A well-crafted report can shape the trajectory of a case, guide deposition strategy, and influence settlement discussions before trial. It’s not just what an expert’s report says—it’s how they say it. On Engaging Experts, we’ve asked our guests how they write reports that are accessible and to-the-point.  

Know Your Goal 

Reports should be goal-focused. Keep your conclusion in mind when writing, and underscore key evidence that supports your opinion. Expert Erik Bernstein notes, “With the report, for example, it is important to know the conclusion you support. You do not just start writing a report and go on and on until you stop at some arbitrary point. You have a specific goal in mind, and you are trying to convince someone that your opinion is correct and support that opinion with facts.” 

Professor David Rockstraw agrees, “[Y]ou provide your opinions upfront, and then you provide the support [. . .] but what goes into the report is very much guided by what the attorneys are attempting to prove or disprove in the case that you’re involved in.” 

Know Your Audience 

The finder of fact is often a layperson, and to that end, reports should be clear and free of unnecessary jargon. An audience can help you craft a report that is more accessible, according to linguistics expert Stanley Dubinsky. Note that it is crucial to consult your attorney regarding confidentiality and privilege before sharing anything related to your engagement with any outside party—including any part of your expert witness report. Mr. Dubinsky recommends:   

You have something complicated to say, but you have to be able to hear what you’re saying as you write. You have to be able to step outside your own writing and be your own audience. Have that internal editor in your head. [. . .] The interesting thing is that for the novice, there’s nothing better than getting yourself an audience—If you haven’t cultivated your own internal audience. […] 

In the process of doing that, you learn to be clear [. . .] Never introduce a term without telling people what it means—you can always use a term if you’ve made it clear—you don’t want to overpopulate your writing with terminology. 

There is a calculus that goes into determining when jargon is appropriate. He continues:  

You can certainly use a term if it’s needed—and you have to decide if it is needed. Is plain language better? And sometimes plain language can be better [but] sometimes plain language in itself is confounding and imprecise—you have to say, “No, I have to go with some terminology here.” When introducing the terminology, you always explain what you mean. 

Lay the Foundation 

Dr. W. Richard Laton zeros in on the conclusion by starting with a broad overview before focusing: “I am a big believer that you have to look at the bigger picture before you can dive into the little details. It may not all go into the report, but you have to look at it from a 20,000-foot elevation, get down to 5,000 feet and then get down to a foot.” 

Law professor, Prof. Jorge Contreras begins by explaining any necessary background before moving to the specifics:  

I try to distill down the concepts. I make sure that whatever the point I’m making, I’ve explained all of the antecedent information that you need to understand—but again, in a way that’s straightforward and doesn’t assume a lot of prior knowledge. This is just as applicable to judges as it is to juries. Juries don’t read reports. They only hear testimony. I just try to lay it out very clearly and not use sentences that are overly long. If I use a term of art, I define it and try to use it consistently, but I try to avoid as much of that as possible. It’s not always possible. You have these technical terms, but I try to lay out all the antecedents and make sure that I explain it in a way that is straightforward. 

Making the Cut  

Eliminate the extraneous. Anything within the report that doesn’t need to be there represents an opportunity for the opposing side. Dr. Michael Einhorn recommends considering potential responses while writing expert reports:  

I try to be focused at all times. I do not like to leave things vague or open, because anything I say can be used against me in a deposition or court. That having been said, a plaintiff expert must establish reliable proof of damages in the first place, and a sufficient casual connection from the purported infringement to the sought remedy [. . .] With attorney advice, I will consider strategically what the other side may do in response. 

Women’s and gender studies expert Professor Anna Kirkland is succinct: “No flowery sentences. No jargon. Just opinion. Straightforward opinions. Nothing inflammatory.” 

Accepting Advice 

Consider using tools provided by the attorney to stay focused. Professor Joseph LaViola is able to devote more time to the substantive parts of his expert reports when given outlines:  

It depends on the attorney and the firm, but I usually get a skeleton as a basic outline, where I can fill in the main details. I have had ones where the skeleton is bare bones and others where the skeleton has been more fleshed out. It is a more thorough outline, and it makes it easier to focus on the stuff that I am an expert on when it is done that way. 

Even when you aren’t working from an outline, your attorney may offer some useful guidance, according to professional engineer and safety expert John Lauhoff 

[I]f possible, have your attorney read the report also. Now they’re not going to change your opinion, but there may be certain terms that are stronger than other terms that they want to have, so I don’t have any problem with putting [in] terms [. . .] They might say, “Hey, what do you think about this as an additional item in your opinion?” If I think about it and if it’s valid, then sure, I’m going to add it in. I’m human. I miss things as well as anybody else. 

Conclusion 

A clear and focused expert report highlights your opinion without opening doors for opposing counsel. Eliminate unnecessary jargon and explain any necessary technical terms. Cultivate an internal audience and consult with your attorney. Your well-tailored report is a powerful tool, and a key to a successful engagement.  

If you are interested in being considered for expert witness gigs, consider signing up with Round Table Group. For nearly 30 years, we have helped litigators locate, evaluate, and employ the best and most qualified expert witnesses. Contact us at 202-908-4500 for more information or sign up now!  

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