Engagement Working with an SEO Expert Witness

Engaging an SEO Expert Witness: How the Process Works

This page outlines the typical steps for retaining and working with SEO expert witness Bill Hartzer, from the initial inquiry through testimony.

Inquiry · Conflicts · Scope · Reports · Testimony

1. Initial Inquiry

The process usually begins with a short inquiry from counsel. At this stage, Bill needs only a high-level description of the case, the nature of the SEO issues, and any important dates or expert deadlines. This information helps determine whether the matter appears to be a potential fit and whether there is enough time to perform a meaningful analysis.

You can start this process using the contact information on the Contact page.

2. Conflict Checks

Before reviewing confidential information, Bill conducts conflict checks to ensure that he is not currently working with another party whose interests may conflict with the proposed engagement. This step is similar to what you would expect from many professional experts and consultants.

Once conflicts are cleared, the conversation can move to a more detailed discussion of scope and expectations.

3. Scoping the Engagement

Every case is different. During the scoping phase, counsel and Bill discuss what questions need to be answered, what data is available, and what deadlines apply. They then define a scope that may include:

  • Preliminary analysis and consulting only.
  • Preparation of an expert report.
  • Rebuttal report responding to another expert.
  • Deposition and trial testimony.

The scope may evolve as new evidence emerges or as the case progresses.

4. Engagement Letter

After the scope is defined, an engagement letter is drafted. This letter outlines the nature of the work, billing arrangements, confidentiality considerations, and any other key terms. Once the letter is executed, Bill can begin reviewing confidential materials and case-specific data.

5. Data Collection and Review

With an engagement in place, the next step is gathering and reviewing relevant data. This often includes analytics, search console exports, technical documentation, site backups, and prior communications with SEO providers or vendors. The Attorney Checklist page provides guidance on useful data sources.

6. Analysis and Findings

Bill then analyzes the data to answer the questions defined in the engagement scope. This may involve reconstructing traffic history, reviewing technical changes, analyzing search results, and correlating changes with key events and timelines.

Preliminary findings are often discussed with counsel before any formal report is drafted, so that everyone agrees on the issues to emphasize.

7. Expert Reports and Rebuttals

If the engagement includes formal opinions, Bill prepares an expert report or rebuttal report that sets out his methodology, findings, and conclusions. The report is written for a legal audience, with careful attention to clarity and support from the underlying data.

Where there is an opposing SEO expert, rebuttal work may involve review of the opposing expert’s methodology, assumptions, data sources, and conclusions. Bill can identify unsupported claims, missing context, technical misunderstandings, or conclusions that are not consistent with the available SEO data.

8. Deposition and Trial Testimony

If testimony is required, Bill can explain SEO concepts, search visibility, ranking changes, analytics data, and technical findings in plain language. His role is to help attorneys, judges, and juries understand the evidence without unnecessary technical confusion.

Deposition and trial testimony are prepared carefully so that the opinions remain consistent with the data, the expert report, and the defined scope of the engagement.

9. Ongoing Consulting with Counsel

In some matters, Bill continues to consult with counsel after the report stage. This may include reviewing new evidence, preparing for deposition, assisting with cross-examination topics, or helping counsel understand technical SEO issues as the case develops.

Next Steps

If you are considering whether to retain an SEO expert witness, the best starting point is a short, confidential inquiry. Include a brief description of the matter, the SEO issues involved, the parties, and any upcoming deadlines.

You can begin by visiting the Contact page or by reviewing the Attorney Checklist before reaching out.