Expert Witness Litigation Services

Scope of engagement

Preston Rideout is retained as a consulting or testifying expert in matters where alcohol service or hospitality operations are at issue. Most engagements begin as a case review, so counsel can learn early whether the records support the theory of the case, and proceed to a written report and deposition or trial testimony if the case goes forward. He works with retaining counsel on both sides of the bar and has been deposed 18 times and testified at trial 2 times in 11 states.

Stages

1. 1

   Conflict check and initial call

   Counsel provides the parties, venue, jurisdiction, and a short summary. Preston confirms there is no conflict and discusses whether the fact pattern fits his operational experience before any engagement letter is signed.

2. 2

   Materials review

   Preston reviews the case file: incident reports, surveillance video, point-of-sale and tab records, staffing schedules, training and certification records, written policies, deposition transcripts, and any regulatory history for the licensee.

3. 3

   Analysis and opinions

   The records are compared against how the venue was actually run and against recognized alcohol-service and hospitality-operations standards. Preston explains where the operation met, exceeded, or fell short of those practices and what the evidence does and does not establish.

4. 4

   Report, deposition, and testimony

   Opinions are set out in a written report where required, and Preston is available for deposition, hearings, and trial testimony in any state.

What Preston needs from counsel

• The complete production concerning the venue: video, POS and tab data, schedules, training and certification files, written policies, incident reports, and regulatory history. A checklist is in the records article.
• Pleadings, the scheduling order, and any expert-disclosure requirements, so the report and disclosures meet the court’s rules.
• Deposition transcripts of venue staff, patrons, and witnesses as they become available.
• Opposing expert reports, for rebuttal.
• Access to the venue for inspection where possible.

Working with counsel

Preston tells counsel early and plainly what the records do and do not support. Where an opinion cannot be offered honestly, he says so before a report is written. His opinions are stated in operational terms a jury can follow, tied to the venue’s own documents and to recognized alcohol-service and hospitality standards, and he does not offer legal conclusions.