Before hiring a litigation survey expert to bolster your case, there are some questions you should ask. Litigation surveys are held to high standards and will attract intense scrutiny from the courts.
Keegan & Donato Consulting has developed surveys for plaintiffs and defendants across the nation on the likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, dilution, genericness, false advertising, and many other trademark and trade dress topics.
We have partnered with firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), SmithAmundsen LLC (Chicago), Ropes & Gray LLP (Washington, DC), and Notaro, Michalos & Zaccaria PC (New Jersey), on litigation surveys that have been entered into evidence in matters involving many different products and services.
How to Hire a Survey Expert
Experts play different roles in different cases. Consider your specific goals before starting your search.
When selecting the most suitable expert for your case, there are several criteria to consider, but experience is crucial. The expert should have the right educational background and research experience, as well as skills in being deposed and testifying at trial.
What Type of Survey Do I Need?
Does your case call for a specific methodological approach, such as an assessment of a brand’s competition or a statistical analysis to assess damages? Perhaps you need an expert who is well-versed in a particular industry.
Interview each potential candidate to ensure they fully understand the issues in your case. Then, review each firm’s credentials. Find out how the firms they worked for felt about their work. Ask about cases in which they offered expert testimony to find out if any were similar to your case and whether any part of their testimony was excluded.
How Long Does It Take to Conduct a Survey?
A good survey could take four to six weeks from when you hire an expert, but this can vary greatly. A survey that takes less time is not necessarily less reliable, nor is a survey that takes more time more reliable.
Ultimately, the time required to conduct a survey will depend on factors such as the issues to be measured and how long it takes to find respondents, select proper controls, and choose the method of collecting data. These factors are entirely case specific.
How Much Do Litigation Surveys Cost?
Keegan & Donato Consulting’s consumer research studies are customized to meet the needs of each case. This often involves targeting specialized populations of respondents and developing unique designs to address specific issues of importance in the case, factors that affect the time and difficulty of executing a study, and its overall cost.
Most of our consumer studies range from $15,000 to $55,000 to complete, and $35,000 is the most typical cost. We work on a fixed-rate or hourly basis based on your needs and will work with you to design a reliable survey that is within your budget. We will always provide you with an estimate of project costs before engagement.
Learn more questions to ask when hiring a litigation survey expert. No matter your budget or your needs, get in touch with Keegan & Donato Consulting at (914) 967-9421 to take advantage of our extensive training, expertise, and data-gathering capabilities.