If you have only 15 minutes on the intake call, ask these ten questions. Any question you do not ask now will be asked in cross-examination, under far worse conditions.
Why a checklist
Appointing a software expert is a decision that shapes the entire course of a case. A strong opinion can close a dispute before it reaches a hearing; a weak opinion will be used against you in cross-examination and damage the credibility of your entire position.
The difficulty is that a software expert is hard to evaluate in a short call — they know far more than you do about the technology, and may be articulate enough for the conversation to feel sound even when there are fundamental problems. The questions below are designed precisely to surface those problems before they become your problem.
Ten questions for the intake call
1. Are you listed on the Israeli courts’ expert-witness registry?
This is not a procedural formality — it is a threshold question. An expert who is not listed will face admissibility objections later. Ask to verify.
2. In what language have you written expert opinions for Israeli courts?
If the answer is “English, with translation” — ask who translated it, whether the expert reviewed the final translation, and who signed the opinion that was filed. A translation that did not pass the expert’s eyes is an immediate vulnerability in cross-examination. Clear preference: an opinion written in Hebrew from the outset.
3. Describe a previous case where your opinion was tested in cross-examination — what happened?
You are not looking for the expert to declare victory. You are looking for the ability to report accurately what happened under pressure — including difficult moments. An expert who cannot acknowledge potential weaknesses in their own opinion is an expert who will not represent you well in court.
4. What is your timeline from receiving materials to a signed opinion?
”It depends” is a legitimate answer — but verify that the expert can explain what it depends on. An expert who cannot give a realistic frame may turn out to be “unavailable” at exactly the moment the case needs them.
5. What does the opinion cover and what does it not cover?
A good expert will clearly explain what they can opine on — and what they cannot. If they commit to opining on every question put before them without any qualification, that is not confidence — it is a warning sign.
6. How do you document your methodology?
An opinion without documented methodology is an opinion that fails in cross-examination. Ask the expert to explain how they maintain a chain of custody — from the materials received, through the analysis, to the finding.
7. How do you handle a counter-opinion from the opposing side?
In most cases, the opposing party will file their own expert opinion. Ask whether the expert has encountered counter-opinions before and how they were addressed — supplementary opinion, affidavit, oral testimony, or a combination.
8. What happens if the analysis results do not support your client’s position?
A question litigators almost never ask — which is precisely why it is the most important one. An expert who is not prepared to report findings that weaken the position of the party that retained them is an expert opposing counsel will be delighted to examine. The court will be too.
9. What are the limits of your area of expertise?
Software is a broad field. An expert in systems architecture is not necessarily an expert in security protocols, embedded code analysis, or a specific development language. Verify that the expert matches the specific technical question in your case — not just “software” in general.
10. Have you ever been involved in a professional dispute brought before a court — as a party, as an expert, or in connection with ethics?
A basic background check question. An expert with open matters connected to their professional conduct may become a liability in your case.
A pattern that characterises failed appointments
A case in the Israeli fintech sector — a development dispute between a client and a vendor — illustrates a common pattern. The party that retained an expert did not ask about timelines. The expert committed — and delivered an opinion three weeks after it was required. Counsel requested an extension, which was granted — but it signalled to the court that the party was unprepared. In hindsight, the simple question “what is your timeline?” — with a request for detail — would have surfaced the problem before any damage was done.
Summary
The appointment starts with a discovery call, not an agreement. The questions above are not an attempt to test the expert’s technical qualifications — they test the ability to function as a court expert: to report findings precisely, to support them under pressure, and to write an opinion calibrated for the courtroom, not a professional conference.
Identifying details have been changed; the scenarios reflect patterns from actual engagements.
Want to see what a structured appointment looks like in practice? Tech Expert Opinion — two-week turnaround sets out the engagement flow from intake to signed opinion. Contact us to book an intro call.