Ride the Lightning

Ten REALLY Good Tips from Craig Ball on Better ESI Expert Reports

May 26, 2021

I absolutely love Craig Ball’s impromptu list of ten tips for crafting better expert reports on technical issues in electronic discovery and computer forensics which he included in a post on May 24.

I can’t improve on the actual tips, so here they are, word for word. But it is well worth reading the entire post to enjoy Craig’s always delightful writing and to understand the nuances of his tips. But I will venture to add a tip of my own, one born of having of team of digital forensics reports at Sensei Enterprises.

But first, Craig’s tips, verbatim from his post:

• Answer the questions you were engaged to resolve.
• Don’t overreach your expertise.
• Define jargon, and share supporting data in useful, accessible ways.
• Distinguish factual findings from opinions.
• Include language addressing the applicable evidentiary standard.
• Eschew advocacy; let your expertise advocate for you.
• Challenge yourself and be fair.
• Proofread. Edit. Proofread again. Sleep on it. Edit again.
• Avoid assuming the fact finder’s role in terms of ultimate issues.
• Listen to your inner voice.

So this is the one that caught my attention: Proofread. Edit. Proofread again. Sleep on it. Edit again. As someone who works alone, as Craig does, this is excellent advice. Heck, even if you work with a team, it’s good advice. But at Sensei, we have the ability to peer review – and that has served us remarkably well over the years with respect to many of Craig’s tips.

We literally have every expert report peer-reviewed by three reviewers before it goes, figuratively, out the door. As an attorney and professional writer, I review to make sure the report doesn’t stray into advocacy, that the language is clear and as non-technical as possible and that the writing is professional, grammatical and concise.

Our two senior forensics specialists also review the report – and it is astonishing what they catch. Their reviews ensure that the report is technically accurate in every respect, that nothing has been overlooked and that the report is wholly factual, and given the facts, as persuasive as possible.

We see lousy expert reports all the time. They often violate many of Craig’s tips. Writing an ESI expert report is not a piece of cake. It takes time and skill to craft a first-rate expert report. A great place to start is to read Craig’s post in its entirety.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225|Fairfax, VA 22030
Email:  Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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