How I Turned ‘Post-Coin Seller’s Remorse’ Into a Technical Book: A Technical Author’s Journey with O’Reilly
October 1, 2025A CTO’s Post-Mortem on Sunk Costs, Strategic Regret, and What It Means for Tech Roadmaps
October 1, 2025When software becomes evidence in court, lawyers need someone who speaks both code and courtroom. That’s where you come in – as a tech expert witness, your skills could be worth far more than you think.
Why Expert Witness Work Is the Hidden Goldmine in Legal Tech
Over the past 10 years as a tech expert witness, I’ve sat across from nervous CEOs in deposition rooms and explained blockchain consensus algorithms to judges. What shocks most developers? The skills you use daily to debug production issues and untangle complex systems? Law firms will pay premium rates for those exact skills.
Think of your codebase like a rare coin collection. Each line carries history, context, and hidden clues. A timestamped comment about a “hack for the Chicago client” might seem trivial to you. But in a trade secret case, that note could prove code theft worth millions.
The Legal Tech Gold Rush: Where Expert Witnesses Thrive
Law firms need technical expert witnesses to:
- Check if copied code shows up in a competitor’s app
- Trace how a feature evolved during development
- Spot signs of copied architecture in patent cases
- Find proof of bad coding in malpractice claims
- Calculate losses when a software deal goes bad
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Good tech expert witnesses earn $300–$800 per hour. Specialists in hot areas like AI or cryptocurrency? They can make twice that. One case can pay more than your entire year of coding gigs.
The best expert witnesses don’t just code well. They tell compelling stories about what code reveals – stories that make sense to judges, juries, and skeptical lawyers.
Source Code Review: The Core of Software Litigation
What does the code actually do? That’s the question behind most software lawsuits. Did this app copy that algorithm? Was this feature patented first? Where did this bug come from?
Your codebase holds answers. Git history shows who wrote what and when. Architecture reveals design choices. Comments and logs expose real-world context. Like examining a rare coin under a loupe, you’re looking for the tiny details that tell the full story.
What Lawyers Look For in a Code Review
Your job as an expert witness? To find meaningful patterns. Here’s what I check first:
- Code lineage: Who committed what and when? Are there suspicious gaps?
- Architectural fingerprints: Do naming patterns or design quirks match other projects?
- Technical debt: Do emergency fixes tell a story of rushed development?
- Provenance markers: Are there hidden clues in comments or hardcoded values?
- Deployment artifacts: Do build logs show the real development timeline?
Real-World Example: Detecting Code Theft
A client thought their competitor stole their code. The other side claimed they built it independently. I found this in their repository:
// TODO: Fix this hack before 2019-Q4 (JSmith comment)
if (user.region == "GA") {
// Temporary workaround for Dahlonega legacy system
return legacyTaxHack(user);
}
Three details mattered here: The developer’s name (JSmith), the specific location (Dahlonega), and the quarter (2019-Q4). This small Georgia city was 300 miles from the competitor’s office. No way they’d know about this unless they had accessed the original code.
Key lesson: What seems like useless code commentary today might save (or sink) a case tomorrow. Document everything.
How to Build a Tech Expert Witness Practice
You don’t need to go to law school. You need what you already have: deep technical skills. Add the right approach, and you’re set.
Step 1: Pick Your Niche (Like a Rare Coin Collector)
Rare coins gain value because they’re scarce and specific. The same goes for expert witnesses. Good options:
- Blockchain and smart contract audits
- AI/ML model training and data trails
- Mobile app reverse engineering
- Cloud architecture and API design
- Legacy system modernization
Generalists make decent money. Deep specialists make great money. Know everything about blockchain forensics? You’re more valuable than someone who “knows a lot about software.”
Step 2: Build Your Investigation Toolkit
You can’t do this job with just a text editor. My essential tools:
- Code analyzers (Understand, SonarQube, CodeScene) to scan big codebases fast
- Git forensics (GitPrime, custom scripts) to spot suspicious commit patterns
- Binary reverse engineering (Ghidra, IDA Pro) for when source code is missing
- Timeline tools to visualize development history
Step 3: Prove You’re Credible
Law firms check experts carefully. Build trust by:
- Publishing technical articles (even blog posts count)
- Speaking at meetups or conferences
- Getting relevant certifications (forensics, architecture, etc.)
- Sharing success stories from past projects
Step 4: Learn to Talk to Non-Programmers
No one in a courtroom needs to hear about lambda functions. They need clear explanations. Practice:
- Using everyday language, not dev speak
- Handling tough questions from opposing lawyers
- Staying calm when the pressure’s on
- Using diagrams and animations to explain complex systems
In one patent case, we built a 3D visualization of code dependencies. The jury looked at it once and understood everything. That’s the goal.
Intellectual Property Disputes: Where Your Code Is the Evidence
Most tech expert work involves IP cases. Code is the proof. Whether it’s copyright over an app’s design or patent over an algorithm, you’re the one who finds the proof.
Copyright vs. Patent: What You Need to Know
Understand the difference:
- Copyright protects the actual code – the structure, organization, and sequence
- Patent protects the idea behind the code, if it’s new, unique, and useful
In one case, I checked two financial apps that looked similar. The code told a different story. Same idea, different implementation. No copyright violation.
Trade Secret Cases: History Tells All
Trade secret cases turn on details. Who had access? When was it shared? Was it actually secret?
I once worked a case where a former employee allegedly stole code. Git history revealed the “stolen” code was actually written after they left – using the old company’s internal tools and naming habits. The defense won because the code told the truth.
Litigation Consulting: Beyond the Courtroom
Not all cases go to trial. Many settle after expert review. As a litigation consultant, you can help by:
- Assessing risks before lawsuits start
- Auditing code for potential legal problems
- Advising on IP strategy (patent this? keep that secret?)
- Checking if software deliverables match contracts
This is where your real experience pays off. You know what good (and bad) code looks like. You can spot the red flags that lead to trouble.
Your Code Tells Stories Lawyers Need to Hear
That code you wrote? It’s not just software. It’s a digital document with history, context, and clues.
To start in expert witness work:
- Pick a niche that matches your skills
- Learn to analyze code like a detective
- Build real credibility
- Learn to communicate clearly in high-pressure situations
- Focus on code reviews, IP cases, and pre-litigation consulting
The demand for tech experts in legal cases keeps growing. Lawyers need someone who can explain what code reveals, who wrote what, and when they wrote it.
Your skills are rare. The work is challenging. The pay is excellent. And unlike coding, your expertise only gets more valuable as you do more cases.
Next time you write a comment or push a commit, remember: that line of code might matter in court one day. Learn to read code like a forensic investigator, and you’ve got a career where every line tells a story – one worth paying for.
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