The Expert Record Sets a Standard for AI Use by Expert Witnesses

Summary

The Expert Record, a book by Bill Hartzer, presents a working method for expert witnesses and lawyers who need to address artificial intelligence use in reports and litigation. Its central premise is that AI creates a complete, timestamped and potentially discoverable record of how an expert reached a result, so an expert should be able to explain and defend that process. The book does not advocate either avoiding or embracing AI; it focuses on preserving professional independence under examination, including for experts who do not use such systems. It provides six practical elements: an eight-clause standard for engagement letters and firm policies, a green-yellow-red task taxonomy, a six-step method for examining large productions, a contemporaneous log, a verification pass, and deposition question-and-answer guidance. The standard requires forming conclusions before consulting a system, retaining sole responsibility for opinions, relying on independent authority, checking claims before adoption, preserving reproducible methods, controlling custody and confidentiality, keeping records as work proceeds, and disclosing AI use. Its governing test is whether another competent examiner could reproduce the result from primary sources without access to AI. The site says formats and retailers will be announced later and offers working papers, case records and updates as companion materials. It also states that the project provides no legal advice and does not rank models or products.