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The Library · Retaining the Expert

What a police practices expert
actually does.

The discipline is narrow on purpose: measure what officers did, as the record shows it, against what generally accepted police practices required. This page defines that work, lists the deliverables counsel can retain, and draws the boundaries that keep an opinion credible under cross-examination.

Attorney and law-firm inquiries only

The Discipline

Measuring the record against the standards.

A police practices expert answers one family of questions: did the police conduct documented in this record follow national standards, the agency’s own policy, the officers’ training, and generally accepted police practices? The raw material is the record counsel assembles: video, incident and investigation reports, witness statements, depositions, training files and agency policy. The yardstick is external to the case: what accepted practice required of an officer in that situation, judged on the totality of the facts and circumstances.

The standards are not the expert’s private preferences. Generally accepted police practices are informed by the national bodies and materials agencies themselves rely on: IACP model policies, PERF guidance, CALEA accreditation standards, state POST commissions, and the curricula of agency academies, field training programs and in-service instruction. An opinion grounded there can be checked against something outside the expert’s own experience, which is precisely what makes it useful to counsel and durable in front of a jury.

Use-of-force questions are governed by Graham v. Connor, 490 U.S. 386 (1989), and the analysis holds to that discipline: objective reasonableness judged from what was known at the time, with no hindsight. Where the record shows the officer’s conduct fell within accepted practices, the report says so. The analysis does not change with the party who retains it.

Work Products

The deliverables, piece by piece.

Everything the practice produces lands in one of a few defined forms, and counsel can retain them separately or as a sequence that follows the case.

  • Preliminary case-merit evaluation: a candid early read on whether the record supports the theory
  • Written expert report: the opinions and their basis, built to the requirements of Fed. R. Civ. P. 26(a)(2)(B) where they apply
  • Supplemental and rebuttal reports: responses to new discovery or to an opposing expert’s disclosed opinions
  • Consulting-only review: analysis for counsel’s use without disclosure as a testifying expert
  • Deposition and pretrial examination: testimony by Zoom or a similar platform on the published schedule
  • Suppression-hearing testimony: police practices analysis in support of criminal motions practice
  • Trial testimony: nationwide, clocked door to door

Two of these draw the most questions from counsel. The difference between consulting and testifying retention decides what is disclosed to the other side, and the choice belongs to counsel; the trade-offs are walked through in consulting vs. testifying experts. Rebuttal work is its own discipline: a focused response to what the opposing expert actually disclosed, on the same record, rather than a second full report.

Review of opposing experts, preparation for admissibility challenges, and mediation and settlement consultation round out the testifying work. The testimony itself has been admitted in state and federal courts and has not been excluded at trial in any state or federal court.

The Method

How an opinion gets built.

The sequence is the same in every engagement. Retention is confirmed in writing, the complete record arrives on physical media, and the analysis starts from the video and the paper, not from the complaint or the press coverage. Each item in the record is read against the others: the written reports against the video, the statements against the timeline, the conduct against the policy and training that were in force on the date of the incident.

The opinions that survive that process go into a written report that states each opinion and its basis, identifies the materials considered, and stays inside the discipline. Where the record supports the officers, the report says so. Where it does not, the report says that, in the same measured terms. The report is written to be defended: at deposition, under Fed. R. Evid. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and at trial.

Method is also why the practice declines hindsight. The analysis is anchored, per Graham, to what was known at the time: the question is never what the incident looks like with the ending known, but what generally accepted police practices required of an officer seeing what this officer saw, knowing what this officer knew.

The Boundary

What the expert does not do.

The discipline’s credibility comes from its limits, and three limits are stated on the record in every engagement, because each one marks territory that belongs to someone else in the case.

No legal conclusions. Whether conduct was negligent, unconstitutional or criminal is for the court and the jury, argued by counsel. The expert addresses police practices: what standards, policy and training required, and what the record shows happened. Legal conclusions remain counsel’s. Where that line sits in practice, and how it holds up at deposition, is treated in can an expert give legal conclusions.

No medical or scientific opinions. Where autopsy findings, toxicology, pathology, ballistics, biomechanics or human factors evidence bears on the case, those questions belong to qualified experts in those disciplines, and they are deferred to on the record. A police practices opinion that wanders into medicine hands opposing counsel its cross-examination.

No outcome promises. No result is promised or implied in any matter, and retaining counsel is responsible for the admissibility of reports and testimony. The expert’s work is making the opinions reliable and stating their basis; getting them admitted under Daubert and Fed. R. Evid. 702, and arguing what follows from them, is counsel’s.

Adjacent Experts

The experts counsel may need beside this one.

A police practices opinion often sits inside a larger expert lineup, and a clean division of labor strengthens every seat in it. Questions of injury, cause of death and medical causation belong to qualified medical experts; laboratory and firearms evidence belongs to the forensic disciplines; each is deferred to on the record where the case raises them.

What this practice does not do is offer those lanes. The discipline stays police practices: standards, policy, training and conduct. When a report reaches the edge of another expertise, it says so and stops. Attorneys who depose experts for a living know why that matters: an expert who exceeds his discipline gets impeached with his own report, and the damage spreads to every opinion in it.

For matters that warrant more than one set of eyes within the discipline itself, there is the Roundtable of Subject Matter Experts: four experts with over 150 years of combined law enforcement and criminal justice experience, each reviewing the record independently, with co-authored reports and rotating primary authorship. How that works, and when a case justifies it, is covered in the roundtable model.

Both Sides

One analysis, whichever table retains it.

The practice is retained by plaintiff’s counsel in civil rights matters, by the criminal defense bar, and by counsel defending officers and agencies. The standards do not move with the retaining party. Where the record shows an officer acted within generally accepted police practices, the report says so; where it shows the opposite, the report says that. Every engagement begins with a conflict check for exactly this reason.

That posture is a practical asset at deposition and at trial. An expert who has written for both sides cannot be dismissed as one side’s reliable voice, and opinions that have survived retention by opposing constituencies read differently to a jury. The expert practice dates to 2014 and spans more than 220 civil rights and criminal cases across 42 states and the District of Columbia; the published record of selected matters is at case history.

The Case Itself

When the question becomes a retention.

This page is reference. When a live matter needs the analysis, these are the doors.

Questions

Asked alongside this one.

What does a police practices expert witness actually review?
The complete record counsel assembles: body-worn, dash and surveillance camera video, police and internal affairs investigation reports, officer and civilian witness statements, deposition transcripts, involved-officer training and disciplinary records, and the agency policies and procedures in force at the time. Opinions rest on that record measured against national standards and generally accepted police practices, on the totality of the facts and circumstances.
Is a police practices expert the same as a use-of-force expert?
Use of force is one practice area inside the discipline. The same method, measuring conduct in the record against standards, policy and training, also covers false arrest and search questions, police misconduct, deficient investigations, failure-to-train and supervision claims against agencies, self-defense, and criminal-defense support. Counsel retains the discipline, then scopes the engagement to the questions the case actually raises.
Will the expert give an opinion that the officers broke the law?
No. Whether conduct was unconstitutional, criminal or negligent is a legal conclusion, and legal conclusions remain counsel’s. The expert states what national standards, agency policy and training required, and what the record shows the officers did. That is the division of labor courts expect between expert and advocate, and it is the reason the testimony holds up.
What does retention cost?
A $15,000 initial case retainer covering discovery review by all four experts, and a $10,000 flat fee for the co-authored written report. The full published schedule is on the For Counsel page.
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