Articles Posted in Researching Experts

In Construction Hazards – Early Identification and Risk Control, electrical expert witness Gregory W. Miller, P.E., B.S.E.E, writes:

The tragedies associated with construction project losses give us the opportunity to reflect on the incident causes. In many cases we can use our hindsight to view the “coulda’s”, “shoulda’s” and “if-only’s” that might have made the difference early in the project. As a result of these necessary and sometimes profitable incident reviews, a tool has developed that is in use by many construction agencies. That tool we refer to as a “Hazard Identification Program”. It may also be known by other names, but the basic concept is the early identification and control of construction site hazards. The purpose for early identification is to facilitate the elimination or control of the hazard risk prior to construction mobilization.

In What the Defendant Can Do Wrong, security management and risk management expert witness Ira Somerson, BCFE, CPP, CSC, writes that the mission of security management (loss prevention) will be below a standard security industry practice if it fails to:

■ Identify reasonably foreseeable risks.

■ Test and continue to monitor the existing security program in response to the foreseeable levels of risk.

Insurance claims expert witnesses may opine on insurance policy interpretation, insurance fraud, and related topics. In 8 Great Ways to Get Busted for Auto Insurance Fraud, Insurance.com writes:

4. Claim whiplash from an accident when you don’t have bumper damage.

(Bonus points if you weren’t even hit from behind.) SIU accident investigators can tell what kind of damage you and your car are likely to sustain from a collision. If you weren’t hit hard enough or from the right angle, they’ll know you’re making a false auto insurance claim.

In Important Issues of Business Valuations For Attorneys and Their Clients finance expert witness Richard Teichner, CPA, CVA, CDFAJ, writes:

Certain Terms Applying to Valuations

To aid the attorney and client during the process of establishing a business value, the following is a summary of some of the terms that generally apply to valuations:

In What the Defendant Can Do Wrong, security management and risk management expert witness Ira Somerson, BCFE, CPP, CSC, writes that “failing to preface your security plan with a risk assessment would violate standard security industry practices. If your risk assessment lacks sufficient qualitative (unscientific) or quantitative (scientific) analysis, it probably will be below a standard security industry practice.”

Standard Security Practice

The variety and causes of security risks are considerable. For that reason, some formal process must precede any security program implementation. A security program’s design needs to be based upon deterring, detecting, delaying, denying, responding to, and/or recovering from reasonably foreseeable events. The fact that anomalous events do occur should not excuse or rationalize a property owner from not first performing adequate planning. It is inevitable that a property owner will fail to recognize every risk or that an event will not occur in spite of adequate planning. But the fact that an adequate process was not used to identify the levels of risk places a property owner’s security plan in a far more egregious posture. Failing to preface your security plan with a risk assessment would violate standard security industry practices (standard of care). If your risk assessment lacks sufficient qualitative (unscientific) or quantitative (scientific) analysis, it probably will be below a standard security industry practice.

In Important Issues of Business Valuations For Attorneys and Their Clients finance expert witness Richard Teichner, CPA, CVA, CDFAJ, writes:

Depending on the reason for the valuation, there are various factors that need to be considered, some of which are contained in the descriptions of the terms listed below. If an independent business valuation expert is called upon to assist in establishing a value and/or opine to a value, he or she must have access to all relevant information to be able to determine which factors apply in the particular situation. The attorney and client need to allow and encourage open communication between themselves and the valuator. Too often the intentions of the parties are not apparent, understood or properly articulated, and the facts and circumstances surrounding the true purpose of the valuation are not adequately disclosed. Also, the valuator should know the identities of all the parties to, and affected by, the valuation. Certainly, the valuator has a responsibility to seek all information necessary to do a thorough job, but all other parties involved have to be willing to collaborate in the effort of providing whatever information they and the valuator may deem to be pertinent.

Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:

The duty to defend is distinct from and broader than the duty to indemnify.

Even though a duty to defend exists, there may be no duty to indemnify.

In Important Issues of Business Valuations For Attorneys and Their Clients finance expert witness Richard Teichner, CPA, CVA, CDFAJ, writes:

Attorneys often need to help their clients establish values for businesses or business interests. This article discusses some of the issues which need to be addressed before attempting to arrive at business values. Some examples of situations in which business values may need to be established, particularly in connection with the practice of law, are:

♦ Drafting or assistance with implementing buy-sell provisions in agreements between and among shareholders, partners and limited liability company members.

In Optimizing Your Use of Banking and Financial Institution Experts, banking expert witness Michael F. Richards writes:

Three Critical Expert Questions After the expert has had a chance to review the documents and reconstruct what happened there are three distinct questions the retained attorney should ask their expert.

1) The most obvious is, what did you find that was done wrong?

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Provide the expert with enough advance notice that you require his or her services. A well- rationalized, logical opinion and conclusion must take into account a large number of factors. I have worked on many of the cases where, on simply reviewing and reflecting back on the facts and evidence, I realized and discovered additional evidence, which solidified and confirmed my opinions and conclusions.

Finally, there is the all important expert report. A logical, detailed, well-structured and well- written report can promote settlement. On the other hand, a hurried expert analysis is frequently flawed, inconsistent and poorly written, allowing an opposing attorney to have a field day questioning as to inaccuracies and conflicting statements and challenging the credibility of the expert. Allowing the expert sufficient time to make sure his or her thoughts are clear and all the pertinent facts along with opinion, conclusions and supporting evidence are presented in an easy to read and understandable fashion is essential.