Articles Posted in Expert Witness News

Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes on preparing a work request.

After separating the documents into questioned and known, the next step is to prepare a work request. The work request can be a specially designed form or letter. Regardless of which format is used the work request should contain the following elements:

a. A specific and complete description of the submitted documents, both questioned and known.

In Security Experts: Litigation and Beyond, security expert witness Robert A. Gardner, CPP, writes:

Regardless of the focus of your practice, there may be a place for a qualified security expert in your legal tool kit. Consider making these suggestions to your client:

• In employment situations, have a qualified security expert review policies and practices with regard to employee selection and screening, employee honesty, and workplace violence prevention and response.

In Fire Investigation Reports: The Key to Writing a Quality Report fire expert witness and Principal of Pyrocop, Inc., Robert Rowe writes on peer review.

As the report will be read by peers, supervisors, the public and colleagues, it is extremely important that fire investigator uses correct grammar, spelling and punctuation throughout the report. Misspelled words and improper grammar can cast an unprofessional shadow over the fire investigator as well as the entire fire investigation. Each report should be proof read to ensure that it is not only complete and accurate but easy to read.

The report should also be written in the “first person” such as “I arrived at the scene at 9:00 a.m.” or “I observed heavy smoke staining on the exterior wall surface above the south entrance”. Try to avoid second or third person phrases such as “This investigator arrived on scene at 9:00 a.m.” or “this officer noted heavy charring”, etc.

In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene, CEO of Evidence Solutions, Inc., writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.

We have now asked and answered two very important questions. First, the majority of employees do not consider the legal risk of electronic communications. Second, as an owner/supervisor why it is crucial you understand the potential legal ramifications. The remainder of this article is devoted to assisting you in creating and/or updating your current policies.

In today’s litigious society, company’s both large and small should have company policies. These policies have traditionally covered areas from dress codes to vacation policies. Within the past five years companies have begun adopting IT policies, generally found within the employee handbook. As a professional Computer and Technology Forensics company, when we are called in to examine hard drives and/or servers due to a company suspecting the improper use of systems, we also discuss the company’s IT policies with the appropriate supervisor or IT manager.

In Alternative Dispute Resolution in the Hospitality Industry hospitality expert witness Maurice Robinson writes:

ADR Providers A “provider” organization is usually needed to administer the dispute resolution process,
such as a hearing. There are numerous providers of these services, including organizations such as the American Arbitration Association (AAA), JAMS, the International Chamber of Commerce (ICC), and the Institute of Conflict Management (ICM), which has provided the training and certification of ISHC panel members to date. While ICM is currently the ISHC’s preferred vendor relationship for the provision of support services in ADR, all panel members are prepared to serve with any provider in the ADR field where the circumstances dictate or are appropriate. Some existing contractual agreements within the hospitality industry, for example, provide for the application of AAA or JAMS rules, under which all panel members would serve. It is important to note, however, that the parties involved can agree to use any provider organization to resolve a dispute, even if it is not named in the original contract.

Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes on how to organize a case for submission.

Step 1-Separate the questioned and known documents.

Step 2-Write the word “questioned” on an envelope and place the questioned document inside this envelope.

In Security Experts: Litigation and Beyond, security expert witness Robert A. Gardner, CPP, writes:

Regardless of the focus of your practice, there may be a place for a qualified security expert in your legal tool kit. Consider making these suggestions to your client:

• Have a qualified security expert conduct periodic surveys of your client’s property, their management practices and their policies and procedures. This will identify security weaknesses before they create a problem. Include both business and residential locations.

Despite recent controversy over the use of Tasers, the San Diego County Sheriff’s Department says the electroshock weapons have defused hundreds of possibly lethal confrontations and kept deputies and the public safer since deputies began using them in late 2005. Law enforcement officials say the stress exerted by a subject as they are resisting arrest contributes more to such a death than a Taser would. From NorthCountyTimes.com:

The blast from a Taser immobilizes a person within seconds, causing the muscles to contract uncontrollably. Medical and law enforcement studies show, however, that Tasers cause no long-term damage. At least one area medical expert said Tasers rarely, if ever, cause a person’s death. “I have not seen anything that would make me think that a Taser actually killed somebody,” said Gary Vilke, a professor of clinical medicine and emergency physician at UC San Diego Medical Center.

In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene, CEO of Evidence Solutions, Inc., writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.

An example of computer message in a court case dates back to the infamous trial of some of the Los Angeles Police being tried in the 1991 beating of Rodney King. One of the officers created a computer message stating, “…….I haven’t beaten anyone that bad in a long time.” This obviously became admissible in court.

A more recent example, is one in which we as a company were hired in a libel case. The libeler was using the internet to post messages on a public bulletin board that were both slanderous and libelous against a competitor in the same field. This person felt that by using “anonymous” e-mails and postings, this would increase their own standing within the same professional community. What the libeler didn’t count on was the traceability of the e-mails to their home, cell phone and company computer systems. We were able to locate the electronic trail, and with this information obtain, on behalf of the client, a court order to confiscate the equipment in order to create image copies of the electronic systems. As a result, in order to keep the issue private, the libeler agreed to a significant out of court settlement.

In Continental Valuations News, real estate valuation expert witness Robert D. Domini, MBA, MAI, writes:

Inventories are beginning to come down in markets like, say, Fort Myers, Florida. You all remember the good old days when a 250-lot subdivision “sold out” in one day? At the peak, properties were appreciating at 5% per month. Buyers had to offer list price on the day it was listed, or lose the deal. The successful bidder stood to make around $50,000 in a few months, on paper of course. Those were the good old days. Then we entered the hold-em phase which lasted about a year. Finally, those desperate to sell began dropping their prices. If you make the trip down there in up-coming off season to look for your retirement dream home, ignore the asking prices. Most sellers are still holding out for the big bucks. Make an offer where you feel comfortable, and someone probably will take it. The foreclosed, REO properties are another story. Those prices are already low.