Consulting vs. Testifying Experts: What’s the Difference in Legal Cases?

Expert insight can be the key to understanding technical details, assessing risk, and supporting a successful outcome in complex legal disputes. However, not all expert roles are the same. At Gulf Coast Risk Management, we specialize in providing both consulting and testifying expert services, and understanding the distinction between the two is critical when building a legal strategy.
So, what exactly is the difference between a consulting expert and a testifying expert?
What Is a Consulting Expert?
A consulting expert works behind the scenes to assist legal teams in understanding technical, regulatory, or industry-specific matters. This expert is not disclosed to the opposing side and does not testify in court.
Key Roles of a Consulting Expert:
  • Evaluating the strengths and weaknesses of a case
  • Assisting with document review and analysis
  • Recommending lines of questioning for depositions
  • Helping attorneys prepare for trial strategy
  • Providing early risk assessments to support settlement decisions
Since consulting experts are not subject to discovery (in most cases), they provide confidential support that can shape the direction of a case without becoming part of the formal record.
What Is a Testifying Expert?
A testifying expert, on the other hand, is disclosed to the court and opposing counsel and can be called to provide sworn testimony. Their opinions must be based on reliable methodology and are subject to cross-examination and Daubert/Frye challenges, depending on the jurisdiction.
Key Roles of a Testifying Expert:
  • Preparing formal expert reports
  • Offering professional opinions under oath
  • Educating the judge or jury on technical matters
  • Strengthening a party’s claims or defense with credible evidence
Because testifying experts are part of the trial record, their communications and findings are typically discoverable by the opposing side.
When Should You Use Each?
  • Use a consulting expert early in the litigation process to evaluate the merits of a case and help avoid costly missteps.
  • Bring in a testifying expert when expert opinion needs to be entered into evidence to support or defend a claim in court.
In many cases, legal teams use both types of experts: a consulting expert for strategy and a separate testifying expert to present findings to the court. This dual-expert approach protects privileged communications while leveraging expert insight at every stage.
Expert Services from Gulf Coast Risk Management
At Gulf Coast Risk Management, our team includes experienced professionals who have served as both consulting and testifying experts across a wide range of industries, including:
  • Insurance and risk transfer
  • Occupational safety and regulatory compliance
  • Construction and property damage
  • Commercial liability and personal injury defense
We understand how to deliver reliable, defensible opinions—and when to stay behind the scenes to strengthen your case strategy.
Ready to Strengthen Your Legal Team?
If you’re navigating a complex legal dispute or need insight to evaluate risk exposure, our team is here to help. Whether you need a confidential consulting expert or a qualified testifying witness, Gulf Coast Risk Management has the expertise and credibility to support your case.
Contact us today to learn more about our expert witness services.
Dean Chrisp

Scott Margraves

Gulf Coast Risk Management