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Service Line · 07 / 07 · Expert · Case

Litigation Support & Expert Witness

When a workplace violence or security negligence matter reaches litigation, the quality of the expert opinion is often dispositive. We provide written opinions, declarations, and testimony grounded in documented methodology — the KTI-W (our proprietary SPJ instrument), recognized security program standards, and operational experience that survives cross-examination.

— The difference

Expert opinions are only as strong as the methodology and credentials behind them. We apply the structured professional judgment methodology trusted by Fortune 500 threat assessment teams and government protective intelligence programs — the pathway-to-violence model, the warning-behavior typology, fixation and leakage research — through the KTI-W, our original instrument that documents and structures that methodology for our practice. Our principals also bring operational backgrounds that no career consultant can match in a courtroom.

— Read this first

Before you scope an engagement, run our 45-point defensibility assessment on your current workplace violence prevention program. It's the same framework our principals use to scope pre-litigation engagements — the gaps it surfaces are the ones a plaintiff’s expert will identify first.

PDF · emailed immediately · 16 pages

— Overview

Workplace violence litigation — negligent security, failure to warn, premises liability, wrongful death — turns on the standard of care. What was the employer required to do? What did they actually do? Was the gap between those two things the proximate cause of the harm? Answering those questions credibly requires an expert whose methodology is documented, whose credentials are legitimate, and whose opinion will hold up under aggressive cross-examination.

Kestralis Group provides expert witness services in matters involving workplace violence prevention program adequacy, behavioral threat assessment methodology and its application to specific facts, physical security standard of care, and the organizational response to warning signs. Our principals bring a combination of operational experience, enterprise security program leadership, and documented professional credentials that is rare in the expert witness community — most experts in this space come from either a law enforcement background or an academic one. Ours come from both operating environments and the boardroom.

We also provide pre-litigation support for matters that have not yet reached formal proceedings — reviewing incident reports and internal investigations, assessing the defensibility of an organization's existing programs, and advising counsel on the likely expert opinions they will face from opposing parties. Early engagement allows counsel to understand the evidentiary landscape before discovery shapes it.

— How we work

The engagement from first call to final deliverable.

Four phases · scoped individually to the client

  1. Phase 01

    Initial Case Review

    We review the core case materials — incident reports, internal investigation documents, the organization's existing programs and policies, and the specific allegations — and provide counsel with a preliminary assessment of the evidentiary landscape. This is typically a flat-fee engagement that tells counsel whether a formal expert retention makes sense and on what issues.

  2. Phase 02

    Formal Retention & Discovery

    Formal expert retention is structured through counsel. We provide a formal retention agreement, an initial disclosures-compliant CV, and a fee schedule. We participate in the discovery process as directed by counsel — reviewing produced documents, responding to interrogatories related to expert opinion, and identifying the materials we need for a complete opinion.

  3. Phase 03

    Opinion Development

    We develop the expert opinion through a documented analytical process — applying recognized standards (ASIS WVPI-AA-2020, NFPA 1600) and our proprietary KTI-W structured professional judgment instrument to the specific facts of the case. The written report documents methodology, materials reviewed, and opinions in the format required by applicable rules of civil procedure. We work with counsel through drafts to ensure the opinion is clear and complete.

  4. Phase 04

    Testimony

    We prepare for deposition and trial through a structured preparation process with counsel — reviewing likely cross-examination lines, clarifying the technical content of the opinion for a lay audience, and ensuring the testimony is consistent with and supported by the written report. We are available for both deposition and trial testimony.

— Investment

Transparent pricing. Scope drives the number.

Ranges shown reflect single-location mid-market engagements. Multi-site, complex, or urgent engagements are scoped individually. A thirty-minute consultation is the fastest path to a written proposal.

01

Initial Case Review

Flat fee; preliminary assessment of evidentiary landscape and expert opinion viability

$1,500 – $3,500

02

Expert Witness Services

Report preparation, deposition preparation, deposition testimony, trial testimony

$400 – $550 / hour

03

KTI-W Threat Assessment for Legal Use

Structured assessment report prepared and documented for legal proceedings

$2,500 – $5,500

04

Litigation Support Retainer

Ongoing advisory through the life of a matter; structured with counsel at engagement

Custom

— Common questions

What clients ask before they engage.

What types of matters do you accept as an expert?

We accept expert engagements in workplace violence prevention program adequacy, behavioral threat assessment methodology and application, physical security standard of care, threat recognition and response obligations, and organizational response to employee warning signs. We do not provide opinions in areas outside our documented expertise, and we do not provide opinions we do not hold — our credibility on cross-examination depends on the integrity of what we say.

Which side do you work for — plaintiff or defense?

Both. We evaluate each matter on its facts and provide our honest opinion about what the evidence shows. An expert who only works for plaintiffs or only works for defendants is a hired gun, not a credible witness. Our opinions are consistent regardless of which side retains us, which means they are more likely to hold up in the proceedings that matter.

What credentials qualify you to testify as a workplace violence expert?

Our principals bring a combination of Special Operations military service, enterprise security program leadership at Fortune-scale organizations, CBCP certification, structured professional judgment practitioner training, and licensed investigative experience — and we author and apply our own SPJ instrument, the KTI-W, in the cases we work. We have designed and managed the programs that are the subject of standard-of-care disputes — not just studied them. That combination is difficult to cross-examine because it is grounded in operational reality rather than academic theory.

Can you review and rebut an opposing expert's opinion?

Yes. Opposing expert rebuttal is a significant part of what we do. We review the opposing opinion, assess its methodology and factual basis, identify weaknesses and overstatements, and provide counsel with both a written rebuttal and a preparation framework for cross-examination of the opposing witness.

How early in a matter should we engage you?

As early as possible. Pre-litigation engagement — before discovery is shaped, before positions are taken, before the organization has committed to a defense theory — allows us to give counsel the most useful assessment of the evidentiary landscape. We frequently review an organization's program before a matter is formally filed and identify both strengths to emphasize and weaknesses to address.

— Trademarks & disclosures

  • KTI-W™ and Kestralis Threat Indicators – Workplace™ are trademarks of Kestralis Group LLC. The KTI-W is original Kestralis work; the underlying scientific concepts — the pathway to violence, warning behaviors, fixation, leakage, structured professional judgment — are drawn from the published behavioral science and government research literature.

— Engage

Three ways to start.

Pick the path that matches where you are. Most prospects work the first option, then move to a call. Some skip directly to scope.

Read first

45-point defensibility assessment

The same framework our principals use to scope pre-litigation engagements. The gaps it surfaces are the ones a plaintiff’s expert will identify first.

PDF · emailed immediately · 16 pages

— Talk it through

30-minute consultation

Direct line to a principal. Bring your situation; leave with a written read on what the engagement could look like and whether we’re the right firm for it.

Free · 30 minutes

— Move

Request a written proposal

Already know the scope you need? Send the situation in writing and we'll respond with a written proposal, timeline, and investment range — usually within one business day.

Scope · timeline · investment