Kitzer Rochel attorney Brian Rochel recently moderated a CLE panel focused on the strategic use of expert witnesses in employment and civil rights litigation—from pre-litigation through trial. The panel offered a practical, end-to-end discussion grounded in real-world litigation and trial experience. The CLE was sponsored by the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA).

The discussion covered early-case considerations, including when and why to consult or retain experts before litigation to shape case theory, damages analysis, and settlement strategy. Panelists also addressed expert practice during discovery, including reports, disclosures, and depositions, as well as effective trial presentation. Topics included introducing experts on the stand, preparing for direct and cross-examination, positioning experts as teachers rather than advocates, using visuals and demonstratives, and critically evaluating defense expert testimony.

Brian moderated a panel featuring an accomplished group of trial lawyers:

• Jeff Storms of Storms Dworak LLC, a leading civil rights and plaintiff’s attorney.

• Mary Olszewska, co-founder of Fellowship Law Group and an experienced employment and civil rights litigator.

• J. Ashwin Madia of Madia Law LLC, a nationally recognized trial lawyer and Fellow of the American College of Trial Lawyers.

The panel reinforced a key takeaway for employment litigators: expert witnesses are not just trial tools. When used strategically and early, they can meaningfully shape case value and litigation outcomes.