Security Expert Witness: How to Find and Vet the Right One

To find a security expert witness, look for a consultant whose day job is security practice (assessments, program design, operations), who can show a written methodology, who has testified before without being disqualified, and who has no conflict with either party. Start the search early, screen two or three candidates on a short call, and retain the one whose experience matches the exact setting and type of incident in your case.

What does a security expert witness actually do?

A security expert witness gives an opinion on whether the security at a property, business or event met the standard of care, and whether different measures would likely have changed the outcome. Most of this work happens in negligent security and premises liability cases, but security experts also appear in workplace violence matters, assault claims against venues, executive protection disputes and contract cases between property owners and guard companies.

The work usually falls into two roles. A consulting expert works behind the scenes, helping counsel understand the facts and decide what to ask for in discovery. A testifying expert writes a report, sits for a deposition and may testify at trial. Some attorneys start a consultant in the first role and later designate them as a testifying expert once the case theory is clear.

Typical tasks in a security case

• Reviewing police reports, crime data for the area, incident logs and prior calls for service
• Reviewing guard post orders, staffing schedules, training records and contracts
• Inspecting the site, including lighting, sightlines, access control, fencing and camera coverage
• Comparing what was in place against industry guidelines and the property’s own policies
• Writing a report, preparing for deposition and testifying

What qualifications should a security expert witness have?

The best security expert witnesses have spent real years doing the work they are asked to judge. A former police officer may know crime well but may never have written a security plan for a shopping center. A guard company owner knows staffing but may not know lighting, CPTED or access control design. Ask what the candidate has actually done in settings like yours.

Professional certifications help show a baseline. ASIS International awards the CPP (Certified Protection Professional), the PSP (Physical Security Professional) and the PCI (Professional Certified Investigator). The International Association of Professional Security Consultants (IAPSC) offers the CSC (Certified Security Consultant) credential and limits membership to consultants who are independent of product and service sales. Our guide to security consultant certifications explains what each one means.

Certifications are not a substitute for relevant experience. In front of a jury, the security expert witness who has managed security at fifty apartment communities will usually be more persuasive than one with a longer list of letters but no hands on work in that setting.

How do courts decide whether a security expert can testify?

In federal court, Federal Rule of Evidence 702 allows expert testimony when the witness is qualified, the testimony will help the jury, it rests on sufficient facts or data, it is the product of reliable principles and methods, and the expert reliably applied those methods to the case. A 2023 amendment made clear that the party offering the expert must show these points are more likely than not satisfied. Federal courts use the Daubert framework to test reliability, while some states still apply the older Frye general acceptance test or their own version of these rules.

For a security expert witness, this means opinions have to be tied to something more than personal belief. Strong reports explain the facts reviewed, the guidelines or practices relied on, how foreseeability was assessed and why each conclusion follows. Weak reports read like a list of things the expert would have liked to see, with no link to the incident.

Federal Rule of Civil Procedure 26 also requires a written report from most retained testifying experts. That report must include the expert’s opinions and the basis for them, the facts or data considered, exhibits, qualifications including publications from the previous 10 years, a list of cases in which the expert testified at trial or by deposition in the previous 4 years, and the compensation being paid. A candidate who keeps that list current is easier to vet and easier to disclose.

Where can you find a security expert witness?

Attorneys typically find security expert witnesses through four channels: referrals from other trial lawyers, expert witness directories and referral services, professional associations, and directories of practicing security consultants. Each has tradeoffs.

FASC lists independent consultants who offer litigation support. You can browse the expert witness specialty or search the full consultant directory by state.

How should you screen a security expert witness before retaining them?

Run a quick conflict check first. Give the candidate the party names, the property and the general nature of the claim, and nothing more, until they confirm they have no relationship with any party, insurer or security vendor involved.

Questions to ask on the screening call

1. What percentage of your work is litigation, and what percentage is active security consulting?
2. How often have you worked for plaintiffs versus defendants?
3. Have you ever been excluded or limited by a court? If so, why?
4. What have you done in this specific property type or industry?
5. What methodology do you use to assess foreseeability and adequacy of security?
6. Do you sell products, guard services or installations, or receive referral fees from anyone who does?
7. What are your rates for review, site inspection, deposition and trial, and what retainer do you require?

Then read something they have written, ideally a redacted prior report or a published article. Read their prior deposition transcripts if you can get them. Opposing counsel will.

Red flags

• Offers an opinion on the call before seeing any documents
• Has testified for only one side for many years
• No active consulting work in the last several years
• Ties to a security product or guard company that could look like a sales motive
• Vague answers about prior exclusions

When should you retain a security expert witness?

Earlier than most firms do. Physical evidence at a property changes quickly. Lights are replaced, cameras are added, gates are repaired and staff turn over. A security expert witness involved early can tell you what to photograph, what records to request (incident logs, post orders, guard contracts, maintenance tickets, video retention policies) and what to ask the property manager and security director at deposition.

Early retention also helps you value the case. A candid consulting expert may tell you that the security was reasonable, which is worth knowing before you spend another year on it.

If your case turns on the condition of the property, a separate assessment may also be useful. Our article on negligent security lawsuits walks through how these claims are built and defended.

What does a security expert witness cost?

Security expert witnesses usually bill hourly with an upfront retainer, and many charge a higher rate for deposition and trial time than for document review. Travel and site inspection time are often billed separately. Rates vary widely with experience and region, so get a written fee schedule and an estimate for the first phase (document review and a preliminary call) before you commit.

Ask who pays for deposition time when the other side notices it. Under federal rules, the party seeking discovery generally pays a reasonable fee for the time the expert spends responding, but the details should be in your engagement letter.