Articles Posted in Researching Experts

Do you need to hire a forensic science expert witness? The University of Alabama describes what these professionals do:

Most forensic scientists work in a lab doing “traditional” forensic science (DNA, drugs, trace, etc.). Analyzing evidence in the lab requires an undergraduate degree in chemistry, biology, or a related natural science field (like biochemistry, pre-med, microbiology, etc.). The job of a forensic analyst is for the most part limited to lab work (and testifying in court). It is rare that a forensic scientist will be required to visit crime scenes. In some forensic labs, the analysts may assist sheriff’s departments at the crime scene in rural areas, while crime scenes in the city are handled by the city police.

This leads us to the other side of forensic science, the crime scene work. Most often, crime scenes will be processed by licensed police officers trained to be a part of the department’s crime scene unit. Although crime scene technicians will be responsible for the collection of evidence and processing crime scenes, they will not have much to do with the investigation or the analysis of the evidence. Unfortunately, the common portrayal of crime scene investigators (such as the characters on CSI) is a lousy portrayal of the profession since those characters have their hands in all aspects of the investigation and in reality a person will only work in one area (lab vs. crime scene vs. investigation). The fact is, most of the investigation (interviewing suspects and witnesses) is completed by licensed police officers.

Accident reconstruction expert witness Will Meredith lays out the steps in accident reconstruction:

GENERALLY TAUGHT AND ACCEPTED METHODOLOGY FOR RECONSTRUCTION OF AN ACCIDENT IS AS FOLLOWS:

1) REPORTING: Strictly factual, no opinions.

In Agricultural and Grounds Maintenance Equipment, agricultural engineering expert witness Richard L. Parish, PhD, PE, writes on standards:

For grounds maintenance equipment, the ANSI B71 series is of primary interest. The most important standards in this series are ANSI B71.1, dealing with consumer turf care equipment, and ANSI B71.4, dealing with commercial turf care equipment. These are very comprehensive standards covering blade guarding, thrown objects, rollover/stability, burn hazards, etc. ANSI B71.1 incorporates the CPSC lawnmower standard. Other standards in the ANSI B71 series cover rotary tillers, snow throwers, log splitters, and shredder/grinders. Other ANSI standards cover equipment such as chainsaws.

At times it will be necessary to refer to standards from other organizations such as The American Society of Mechanical Engineers (ASME). Also, some industry groups provide safety training information and use recommendations (not standards) that can be useful in cases involving agricultural and grounds maintenance equipment. These organizations include The Association of Equipment Manufacturers (AEM), The Farm Equipment Manufacturers Association (FEMA), and The Outdoor Power Equipment Institute (OPEI). Other organizations that provide safety information on agricultural and grounds maintenance equipment are The National Safety Council (NSC), The National Institute for Occupational Safety and Health (NIOSH), and the National Institute for Farm Safety (NIFS).

In The Attorney-Expert Relationship: Unraveling the Complexity, Peter T. Tomaras writes on his experience as a premises liability expert witness:

In my view, attorneys should retain experts not merely to ratify their arguments, but for all the experience based information we can contribute. For instance, experts can support discovery by suggesting witnesses to interview and questions to ask. Most civil cases in my area of expertise–the hospitality industry–turn on the duty of reasonable care in the circumstances. Especially in cases lacking forensic, medical, or scientific aspects, my expert testimony may be pivotal.

Accordingly, I feel obliged to research every source that may help me formulate supportable opinions on each assertion in the complaint. My input should identify what the attorney’s client has done right, and also what the client might have done differently. Ultimately, counsel is preparing for deposition and trial, where the opposition will certainly explore potential vulnerabilities in my opinions.

In Agricultural and Grounds Maintenance Equipment, agricultural engineering expert witness Richard L. Parish, PhD, PE, writes on industry consensus standards:

The American Society of Agricultural and Biological Engineers (ASABE) is the primary standards organization for farm and grounds maintenance equipment, although The Society of Automotive Engineers (SAE) issues most tractor standards. Most of the ASABE standards will be labeled “ASAE” rather than “ASABE” since standards developed before the name change (inclusion of “and Biological”) still carry the ASAE label. Some are jointly listed as American National Standards Institute (ANSI) standards. There are three primary safety standards covering three primary sub-areas:

ANSI/ASAE S318.17 JUN2009 Safety for Agricultural Field Equipment ANSI/ASAE S354.5 JAN2006 Safety for Farmstead Equipment ASAE S440.3 MAR2005 Safety for Powered Lawn and Garden Equipment

Elizabeth G. Rudolph, lawyer, nurse and legal nurse consultant, is the founder of Memphis-based Jurex Center for Legal Nurse Consulting. Rudolf writes on nurses as expert witnesses:

“What’s nice is this is an opportunity for nurses to expand their careers,” Rudolph said. “That’s the new part for nurses. They have this beautiful wealth of nursing knowledge, and this is an opportunity for nurses to expand their knowledge beyond the hospitals and clinics and review medical records and/or testify in cases.” Rudolph said she started Jurex because she recognized the demand for more nurse legal experts and the need to establish more training programs. “There are thousands of court cases filed every day in every jurisdiction,” she said.

The nursing expertise needed for particular cases can vary. “I’ve been an attorney 20 years and have certainly litigated lots of cases,” Rudolph said. “It depends on the type of case and the witness, the expert witness, so it’s not always shear number of years that matters. “It can be sometimes the clinical experience. Sometimes it is the persuasiveness of the expert witness. Sometimes it is the knowledge base. It is the findings of the expert witness. There are many components that go into why I would, for example, as an attorney want one PLNC or another.”

In The Attorney-Expert Relationship: Unraveling the Complexity, Peter T. Tomaras writes on his experience as a premises liability expert witness regarding setting parameters:

When attorneys call, experts must determine from a brief description if the case falls within our span of competence and is ethically feasible. Frequently, attorneys ask us to make a preliminary assessment. That’s not readily doable–or prudent. Attorneys may ask, “Do you think I have a cause of action, here?” Well, perhaps; but no expert should offer an opinion at this stage, nor should we hear any confidential information. For me, the best starting point in determining the merit of a case is reading the petition or complaint (if it has been filed) and, if available, the answer to it. But some attorneys seem reluctant to forward the complaint, let alone pay an expert to review it, who then might pass on the case.

Some advance work can lower this hurdle. Before calling potential experts, attorneys should check their credentials and references to verify that they are both competent in their fields and, above all, have a reputation for integrity. Then, if an attorney wants an expert’s early reading as to the case’s strengths and weaknesses, he or she should be willing to pay a reasonable fee for this. If the expert’s screening suggests a weak case, the attorney cuts losses; if the expert feels he or she can espouse a supportive opinion, the attorney can confidently retain the expert. Either way, the nominal investment is justified.

In Agricultural and Grounds Maintenance Equipment, agricultural engineering expert witness Richard L. Parish, PhD, PE, writes:

It is easier to find current standards than obsolete versions. An agricultural engineering expert may have to do some digging to find the correct version of a standard. Furthermore, obtaining copies of obsolete standards is sometimes difficult since some professional engineering societies do not provide/sell obsolete versions of standards. These older versions, as well as current versions, are usually available from IHS Global (http://www.global.ihs.com). An attorney or expert will often have a choice of buying a hard copy of a standard or opting for electronic delivery. It is necessary to pay for most standards (from any source), and the cost per page can be fairly steep.

Government Standards

Elizabeth G. Rudolph, lawyer, nurse and legal nurse consultant, is the founder of Memphis-based Jurex Center for Legal Nurse Consulting. Rudolf writes on nurses as expert witnesses:

Expert witnesses for legal issues involving medical matters aren’t always doctors because nurses often have more firsthand knowledge about a disputed practice or protocol….”Over the last several years, nurses have been testifying either for or against nurses, and physicians testify either for or against physicians,” she said. “In the past, physicians had been able to testify for or against nurses, and in some jurisdictions they still do. But now judges have wanted nurses for and against nurses, and physicians for and against physicians.”

Once a nurse completes training from an experienced trial lawyer and acquires the required number of hours, he or she can apply for certification from the American Society of Legal Nurse Consultants. This organization does not offer a teaching program but does provide certification…

In The Attorney-Expert Relationship: Unraveling the Complexity, Peter T. Tomaras writes on his experience as a premises liability expert witness:

“I do not want legal research regarding theories, defenses, etc. I want my liability expert to provide opinions on the facts.” That rebuke came from an attorney who did not appreciate my suggestion that he might litigate his case under contract theory (breach of implied warranty) as well as tort theory. To someone relatively new to litigation support, this underscored a fundamental question: What exactly is the expert’s role?

After all, many “facts” are disputable. Proficient experts should perform thorough investigations, during which we may assemble a wide ranging body of relevant information – some of which may suggest alternative paths for pursuing a case. Competent litigation consultants can help attorneys win and triers of fact decide issues fairly. But some attorneys do not want comprehensive case analysis from their experts. Years after that reprimand, I still encounter ambiguity in attorney expectations. While experts should not presume to instruct attorneys on the law, consulting is what we do. Are we not to be proactive in providing all advice we feel qualified to offer? At the same time, to what extent can we involve ourselves while preserving our objectivity should a case go to trial? It is, in the words of Gilbert and Sullivan, “A seeming paradox!”