Hiring a Survey Expert? Five Things You Need to Know.

Expertise You Need + Experience You Want

Trademark and Trade Dress Infringement | Misleading and Deceptive Advertising | Licensing |
Consumer Privacy | Breach of Contract | Commercial Reasonableness | Merchandising

Not all survey expert witnesses are equal. Below are five key questions to ask before signing the letter of agreement. A valid and reliable survey can make all the difference to your case.

1. Do you do all of your own work, or do you outsource it?

At Harper Expert Witness, what you need to know is that Rhonda Harper completes all of the work: Case Review, Survey Design, Methodology, Questionnaire Development, Coding and Programming, Beta Testing, Fielding, Managing, Analyzing, and Report Writing.

Many others, however, outsource virtually the entire survey to a third-party survey company. While some may help determine the methodology, many of the 'big names' just sign the report and show up to depositions and trials. Sure, they will say it was 'under their direction.'

Not only does this outsourcing practice lessen the credibility of your expert witness, it may introduce third-party questions of quality. And, of course, the survey will cost more as both companies now need to be paid.

2. What online survey platform do you use?

At Harper Expert Witness, Rhonda Harper uses Qualtrics, the premier leading online survey platform. Serving more than 5.5 million surveys annually, more than 10,500 brands and 99 of the top 100 business schools use Qualtrics. It provides broad device capabilities, advanced programming, and sophisticated analytical tools. At more than an annual $20k base fee, it is the true professional's choice.

Many others, however, use free online platforms with limited capabilities and reach.

3. What survey sample houses do you use to get survey participants?

At Harper Expert Witness, Rhonda Harper sources samples from only the leading sample houses, including Qualtrics and Dynata.

Ensure that your expert witness knows where and how the sample company gets its panelists. How they incentivize them to participate. If their invited panelists respond quickly? Are their respondents who they say they are? Do their respondents have similar characteristics to the US general population? How often can their respondents participate in a survey?

4.  Have you been court qualified to provide surveys for legal cases?

At Harper Expert Witness, Rhonda Harper has completed more than 50 surveys for legal cases. She is adept at assessing and opining on likelihood of confusion, secondary meaning, genericness, and more.

Simply having a strong research background and/or education doesn't make an individual qualified to conduct surveys relevant in legal cases. Courts require very specific methodologies and practices not normal in the business world.

5.  Have you ever been Dauberted as a survey expert witness?

At Harper Expert Witness, Rhonda Harper has never been Dauberted as a survey expert witness. Federal court cases and more than half of the states use Daubert.  It determines whether or not an expert’s testimony gets excluded.

The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses’ testimony in federal court. An Expert’s Testimony or expert’s report can be challenged and excluded if it does not meet the Daubert standard. The Federal Rules of Evidence 702 states that a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

  • the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
  • the testimony is based on sufficient facts or data;
  • the testimony is the product of reliable principles and methods; and
  • the expert has reliably applied the principles and methods to the facts of the case.

Rhonda Harper Expert Witness

Rhonda Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Located in Dallas, TX, Rhonda Harper is a former Fortune 100 C-Suite Executive in marketing, branding, consumer research, strategy, licensing, and advertising. Also a former Adjunct Marketing Professor, she has been retained by more than 95 law firms since 2005. Harper has a focus on Trademark and Trade Dress Infringement, Misleading and Deceptive Advertising, Licensing, and Commercial Reasonableness cases. She has conducted  50+ intellectual property Lanham Act surveys, produced 75+ reports, been deposed 50+ times, and served in 20+ trials and arbitrations.

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