To the Editor:
Gene Esshaki’s “ADR Spotlight” (April 3, 2018) does an excellent job in describing the assistance the use of a special master gives to a judge dealing with complex disputes. Lawyers should also know that similar assistance can be obtained from the appointment of an expert advisor, thus avoiding the formalities mandated by the Federal Rule of Civil Procedure 53.
As explained in “Appointing Special Masters and Other Judicial Adjuncts,” published by the Academy of Court-Appointed Masters (www.courtappointedmasters.org):
“It has long been considered within a court’s inherent authority to engage the help of an expert advisor. An expert advisor can act as a judicial tutor, providing guidance on complex or specialized subjects. Patent cases and trade secret cases are two contexts in which the need for an expert advisor occasionally arises. When an advisor is utilized, the trial court conducts the trial with support from the advisor.”
Judge Avern Cohn
U.S. District Court
Eastern District of Michigan
- Posted April 13, 2018
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