How to Use This Checklist
This checklist is designed for attorneys, in-house counsel, and paralegals who are handling matters where search engine optimization, website traffic, or online visibility are relevant to the claims or defenses. It covers the essential steps for evaluating whether SEO issues are central to the case, preserving critical data, and preparing for expert witness engagement.
Whether you represent a plaintiff alleging SEO-related damages or a defendant responding to those allegations, working through this checklist early in the process will save time, reduce the risk of lost evidence, and ensure that your SEO expert has the data needed to provide a reliable analysis.
Timing matters. Many of the data sources described below are time-sensitive. Analytics data can be overwritten, search console data has retention limits, and website content changes over time. The earlier you begin preserving evidence, the stronger your position.
Step 1: Determine Whether SEO Is Central to the Case
Before engaging an SEO expert witness, assess whether search engine optimization issues are genuinely relevant to the legal matter. The following questions can help make that determination.
- Does the dispute involve allegations about search engine rankings, organic traffic, or online visibility?
- Did a website redesign, migration, or platform change precede a decline in traffic or revenue?
- Is there allegedly defamatory or harmful content appearing prominently in search engine results?
- Does the case involve a contract with an SEO agency or consultant where performance obligations are in dispute?
- Are domain name ownership, transfer, or SEO value relevant to the damages calculation?
- Did a technical failure, hosting change, or security incident affect the website's search performance?
If at least one of these scenarios applies, SEO analysis is likely relevant and an expert consultation is advisable.
Step 2: Preserve Analytics and Search Data
SEO evidence depends on data. Once data is lost, deleted, or overwritten, it may be impossible to reconstruct. Prioritize the preservation of the following sources.
- Google Analytics data (or equivalent analytics platform) covering at least two to three years, including traffic by channel, landing page, device, and geography
- Google Search Console data, including impressions, clicks, average position, and click-through rate for key queries and pages
- Third-party SEO tool data, such as rank tracking reports, backlink profiles, domain authority scores, and visibility indexes
- Server access logs, particularly around dates of known incidents, migrations, or website changes
- Website backups or archived versions from before and after significant events
- Screenshots or exports of dashboards, reports, and performance summaries shared by SEO providers
Access credentials: Document who has access to each analytics and search platform. If credentials are controlled by an opposing party or a former vendor, consider requesting access or preservation through discovery as early as possible.
Step 3: Document Timelines and Key Events
A clear timeline of events is essential for establishing causation in SEO-related disputes. Compile dates and descriptions for the following.
- Website redesigns, URL structure changes, or content management system migrations
- Domain name changes, transfers, or DNS configuration modifications
- Start and end dates of engagements with SEO agencies, consultants, or web developers
- Dates when traffic declines or ranking drops were first noticed
- Known Google algorithm updates that occurred during the relevant period
- Security incidents, server outages, hosting provider changes, or SSL certificate issues
- Publication dates for defamatory content, negative reviews, or harmful articles
- Dates of any corrective actions taken to address SEO problems
Step 4: Collect Contracts and Communications
When the dispute involves an SEO provider, web developer, or hosting company, the following documents are typically relevant.
- Contracts, statements of work, and service agreements describing SEO or web development obligations
- Change orders, scope modifications, and addenda
- Email correspondence, project management threads, and meeting notes between the parties
- Monthly or quarterly reports delivered by the SEO provider
- Invoices and payment records
- Termination notices and post-termination communications
Step 5: Capture Search Result Evidence
For cases involving defamation, reputation harm, or disputes about search result content, preserve evidence of what the search results actually showed.
- Screenshots of Google and Bing search results for the plaintiff's name, brand, or key terms
- Screenshots from multiple dates to show how search results changed over time
- Separate captures of desktop and mobile search results, as these can differ
- Cached or archived versions of pages appearing in the search results
- Notations of the date, time, location, device, and search query used for each screenshot
Step 6: Assess Business Impact
To connect SEO issues to financial damages, gather information about how organic search traffic relates to the business.
- Products, services, or locations that depend on organic search for customer acquisition
- Historical conversion rates from organic search traffic to leads, sales, or inquiries
- Revenue attributable to organic search, either directly measured or estimated
- Customer lifetime value data, if available
- Paid advertising spend that was increased to compensate for lost organic traffic
- Competitive landscape information showing how similar businesses rely on organic search
Step 7: Prepare Questions for the Expert
When you are ready to engage an SEO expert witness, the following questions will help you evaluate their qualifications and approach.
- Does the expert currently perform hands-on SEO work, or are they relying solely on past experience?
- Has the expert previously served as an expert witness in SEO-related cases? How many times?
- What methodology will the expert use to analyze the traffic loss, defamation impact, or technical failure?
- What data does the expert need to prepare a report or rebuttal?
- Can the expert explain technical SEO concepts in language that a judge and jury will understand?
- Is the expert available to meet the case's deadlines for reports, depositions, and trial?
The SEO Expert Witness FAQ includes answers to many of these questions in the context of Bill Hartzer's practice.
Step 8: Engage the Expert Early
SEO expert witness engagements benefit from early involvement. The sooner an expert can review the available data and identify gaps, the more time there is to collect additional evidence, address data preservation issues, and develop a thorough analysis. Late-stage engagement often means working with incomplete data and compressed timelines that limit the depth of the analysis.
Initial Consultation
Contact Bill Hartzer with a brief case overview, the nature of the SEO issues involved, and any relevant deadlines. This initial conversation helps determine whether SEO analysis is warranted and what data should be prioritized.
Data Collection and Review
Share the preserved data identified in this checklist. Bill will review the available evidence and identify any gaps that need to be addressed through additional discovery or data requests.
Analysis and Expert Report
Based on the data, Bill prepares a detailed expert report analyzing the SEO issues, establishing causation, and calculating damages where applicable. The report is written to be clear, defensible, and accessible to non-technical readers.
Deposition and Trial Testimony
Bill is available for depositions and trial testimony, presenting complex SEO concepts in straightforward language that helps judges and juries understand the technical evidence.
Related Resources
SEO Expert Witness FAQ
Answers to common questions about expert witness engagements and SEO evidence.
Read the FAQ →Traffic Loss & Damages
How traffic loss is analyzed, attributed, and quantified in legal disputes.
Learn more →Expert Witness Services
Overview of expert reports, rebuttal reports, depositions, and consulting.
View services →