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The article discusses how use of a consulting expert is a politically safe and non-discoverable way to get the information for lawyers. Topics discussed include need of testimony of an expert to understand the evidence or to determine a fact in issue; laws that protects another party's discovery of the facts and opinions of consulting experts under Federal Rule of Civil Procedure; and ways to identify consulting expert.

The article suggests lawyers protecting discoveries from opponent lawyer, who can enjoy the benefit from one's work tracking down by possible experts involved in the anticipation of litigation or preparation for trial. Topics discussed include Federal Rules of Civil Procedure dealing with the issue; no law for discovering the identity of non-testifying or experts; and a U.S federal court decision in the "Baki v. B.F. Diamond Construction" involving identification of such experts.

In this article the author suggests how evolution is necessary for trial lawyers so that they can move ahead in their profession. He believes that litigators should try to evolve themselves as a "reasonable person" so as to adapt with the fast changing world. The profession of lawyers have undergone many changes including new ethics rules, the advent of video technology etc. Lawyers should also try to adopt increased juror participation and persuasive writing skills.