Compare a draft expert report to Rule 702 and Rule 26(a)(2)
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Check the draft the expert wrote against the contents Rule 26(a)(2)(B) lists and against Rule 702(a) through (d). Write no opinion and no sentence of the report.
- What the lawyer must review
- A witness retained to give expert testimony must provide a written report prepared and signed by the witness, containing a complete statement of all opinions and the basis for them, the facts or data considered, the exhibits, qualifications including publications in the previous 10 years, other cases in which the witness testified as an expert in the previous 4 years, and the compensation (Rule 26(a)(2)(B)). Rule 702 requires the proponent to show it is more likely than not that the testimony will help the trier of fact, is based on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of those principles to the facts. Draft reports are protected by Rule 26(b)(4)(B). The lawyer does not put the draft into a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.