Articles Posted in Expert Witness News

Insurance expert witness Guy Kornblum is author of Do Lawyers Really Understand What They Need to Do to Prepare For Mediation? After a recent Mediation Roundtable, here are Kornblum’s thoughts concerning mediation:

What I heard shocked me: Lawyers don’t know how to prepare for a mediation, and most of the lawyers who attend mediations just are not doing a very good job. The mediators all explained the hurdles they had to overcome. (Their chief complaints were listed at https://www.expertwitnessblog.com 7/7/08 & 7/14/08)….

Since courts are sending many cases to mediation and parties seem more interested in participating, we need to be more mindful that clients need to be educated from day one about this important part of the litigation mechanism. While many courts require lawyers to inform their clients about this process at the outset, it seems that at least my mediator colleagues believe we need to pay more attention to, involve and educate our clients, and make this a part of the ongoing discussion of the case.

Expert testimony is permissible in a wide range of areas when the subject matter is beyond the knowledge and experience of the jury. For example, the medical expert witness’s testimony is needed to establish if the appropriate standard of care was breached. In malpractice cases, the testimony of experts may establish that the professional failed to exercise appropriate skill. When prepping your medical expert witness, remember to advise him that he has the right to not respond when asked questions that are beyond the scope of his assignment.

Insurance expert witness Guy Kornblum is author of Do Lawyers Really Understand What They Need to Do to Prepare For Mediation? After a recent Mediation Roundtable, here are Kornblum’s thoughts concerning mediation:

What I heard shocked me: Lawyers don’t know how to prepare for a mediation, and most of the lawyers who attend mediations just are not doing a very good job. The mediators all explained the hurdles they had to overcome. (Their chief complaints were listed at https://www.expertwitnessblog.com 7/7/08 & 7/14/08)….

In my experience, the “mediation process” begins when the client first meets with our lawyers and staff to discuss the case. It is important for us to factor in mediation as part of the Litigation Management Plan, and make it an event in the process of representing the client just like a deposition or hearing on a key motion. We discuss mediation as a way of testing the case as well as posturing it for resolution. We also advise the client how a mediation works, what its advantages are, and alert the client to mediation as part of the evolution of the case – a main event for which we will prepare just like we prepare for trial. I also stress that our advocacy is not comprised by our participating in a mediation.

Insurance expert witness Guy Kornblum is author of Do Lawyers Really Understand What They Need to Do to Prepare For Mediation?

Recently I was invited by our local legal publication to be one of five persons on a Mediation Roundtable to discuss mediation techniques. We were interviewed by a moderator on various topics about mediation. I was the only lawyer in private practice on the panel. The others were all mediators, three were lawyers who are now doing full time mediation and the other was a retired trial court judge who for the last seven years has been mediating privately with a local service.

What I heard shocked me: Lawyers don’t know how to prepare for a mediation, and most of the lawyers who attend mediations just are not doing a very good job. The mediators all explained the hurdles they had to overcome. Their chief complaints could be listed as follows:

In preparing your expert for trial, it helps to have a checklist. In fact, the expert will likely appreciate a copy of the checklist as well. For example, the checklist for your nephrology expert witness might include but is not limited to:

His qualifications A description of the expert’s assignment List of materials the expert should review List of what the expert should bring to trial Explanations for inconsistencies Description of work performed How expert will explain technical material to court How he will answer direct examination Compensation

Insurance expert witness Guy Kornblum is author of Do Lawyers Really Understand What They Need to Do to Prepare For Mediation?

Recently I was invited by our local legal publication to be one of five persons on a Mediation Roundtable to discuss mediation techniques. We were interviewed by a moderator on various topics about mediation. I was the only lawyer in private practice on the panel. The others were all mediators, three were lawyers who are now doing full time mediation and the other was a retired trial court judge who for the last seven years has been mediating privately with a local service.

What I heard shocked me: Lawyers don’t know how to prepare for a mediation, and most of the lawyers who attend mediations just are not doing a very good job. The mediators all explained the hurdles they had to overcome. Their chief complaints could be listed as follows:

Author Kurt Kamm writes about fires and firefighters. A resident of Malibu, he has lived through several wildland fires. He is a regular visitor at the fire camps, stations and training academies of the L.A. County Fire Department and CalFire. He writes:

Imagine an arson investigator arriving at a wildland fire which has already burned 100 acres. He has to determine whether it was an incendiary (intentional) fire, and if so, where and how it was started. This is not like walking into a building where arson is suspected. A building has a limited space, with interior walls, and if it was an arson fire, somewhere within those walls, or right outside, burn indicators and evidence will be found. In the wildland, there is a lot of acreage to cover….

Additional investigative support comes from the Bureau of Alcohol, Tobacco and Firearms. The ATF has the mandate to investigate all church fires in the US, and provides Certified Fire Investigators to assist in the legal and technical investigations of arson fires and to provide expert witnesses. In California, once fire investigators determine that arson has been committed, the Sheriff’s bomb and arson unit may take over the investigation. Fire department investigators tend to have specific expertise in analyzing wildland arson and work closely with the Sheriff’s Department.

In two weeks, Washington, DC police expect to start accepting applications for hand gun permits. DC Mayor Adrian Fenty will announce new emergency regulations to comply with the Supreme Court ruling overturning DC’s ban on handguns by July 17. Emergency regulations and legislation last for three months before the council would have to act to make them permanent. That would allow for public hearings and firearms expert witnesses. D.C. Council member Phil Mendelson wants residents to be heard before the mayor makes any decisions. Mark Segraves writes:

As for restrictions, the mayor is considering ballistics fingerprinting for handguns, waiting periods, background checks, requiring training, annual re-registration and requiring trigger locks, as well as maintaining the District’s ban on semi-automatic handguns.

Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She answers the questions: Is an appraisal a legal document and what about the IRS?:

IS AN APPRAISAL A LEGAL DOCUMENT?

Yes! An appraisal by a qualified appraiser can act as a legal document in insurance settlements, divorces, estate proceedings and other matters involving personal property.

Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She describes the professional appraisal process:

An appraiser uses a variety of tools: reference works, online electronic databases, and historical documents; and may consult with additional specialists in the field. Based on the analysis of the research, the appraiser produces an appraisal report detailing the appropriate valuation of your personal property.

It is best to get an appraisal before you need one. You will need an appraisal for: