An effective expert report will apply a reliable theory or methodology to the facts of a particular case in an objective manner. The importance of choosing a credible expert cannot be overstated. In complex litigation, an expert report that stands up to the rigours of cross-examination can make or break a client's case in the eyes of the trier of fact, especially in the commercial litigation context. Experts must ensure that they apply reliable theory to uncontrovertable facts, without being perceived as an advocate or "hired gun" for the litigant who retains them. Counsel must ensure that the expert has the facts required to deliver the opinion, that those facts are proved in evidence at trial, that the expert is properly prepared for cross-examination, and that there is no perception that the expert's opinion has been improperly influenced by counsel.

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