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In More effective use of experts in slip-and-fall cases – The right expert will help you to better prepare the case and win it at trial, attorney David Reinard writes on when to retain your experts:

The answer here is easy: Before it’s too late and no sooner than you have to. In other words, there is no “one-size-fitsall”

answer. Experts are critical to success in these cases. As noted above, they can help you in every aspect of your case, from pre-litigation investigation to your cross of the defense experts at trial. On the other hand, unless you have an unlimited budget, you need to be careful to hire experts at the right time.

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In What to Look for in a TMJ or Orofacial/Craniofacial Pain Expert, dental expert witness Dr. John Van der Werff

Choosing an expert witness for TMJ disorders, or TMD (temporomandibular disorders), as it is officially titled, can be confusing because many medical practitioners try to treat these complex problems. So what should you look for in a TMJ expert?

The temporomandibular joint can be affected by misaligned teeth and the bite, therefore, a dentist makes the best expert witness when evaluating TMJ disorders. The American Dental Association does not currently recognize treatment of TMD as a specialty. Specialty training in a field such as oral surgery, orthodontics, and prosthodontics does not necessarily translate into specialty training in TMJ. Instead, look for a dentist who has extensive post-graduate training in TMD and orofacial/craniofacial pain. There are a number of private and university-based programs and courses available.

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In Questions Attorneys Pose Regarding Document Examination, document examination expert witness Jan Leach writes:

4. How are document examiners paid? The document examiner is paid a retainer to begin the case. Fees are generally posted and set . The fees are not related to outcomes. Document Examiners are paid for their time and research design for questioned issues.

5. How calendared are Document Examiners? Often Document Examiners are scheduled out three to four months ahead. It is good to inform the examiner of hearings, depositions, court appearances, and any other deadlines critical to the case. Since the field of Document Examiners is small, DE’s often travel several states to fit attorneys’ needs.

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Former Police Chief Dale Stevenson may serve as a law enforcement expert witness for Flushing Township, MI, in lawsuits that former police officers have filed. Laid off police officers claim that the former police chief, city supervisor, treasurer, and three trustees dissolved the Flushing police force in response to supporting recall efforts of the elected officials. The township then contracted with the county government for police service.

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Personal injury expert witness Dr. Gidon R. Vardi says the possibility of personal injury is always present no matter how safe the property owner thinks his building might be. “Any floor surface can become a hazard if not properly designed, installed and maintained,” says Dr. Vardi. “That is especially true when it comes to commercial floors where pedestrian traffic encounters a variety of distraction and obstacles.” The expert is experience in coefficient of friction testing, light level testing, construction standards, and OSHA compliance.

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Semiconductors expert witness Michael Thomas has sued the law firm of King & Spalding in San Mateo County Superior Court for fees in a large ITC case. Thomas has over twenty years in the semiconductor industry, primarily in the fields of Operations, Test and Product Engineering, Project Management and Quality Assurance. He says the law firm is telling him that a bankrupt former client is liable for the expert witness fees.

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Electrical engineering expert witness Dr. Woodward Yang testified for Samsung in the patent case filed by Apple in US District Court, N.D. Cal., C 11-1846 & C 12-0630. Dr. Yang is a Professor of Electrical Engineering and Computer Science in the School of Engineering and Applied Sciences (SEAS) at Harvard University and said that Apple uses Samsung features in their mobile devices.

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In Questions Attorneys Pose Regarding Document Examination, document examination expert witness Jan Leach writes:

1. Should I hire an expert as a consultant or as an expert witness?

Consultants can sit with you during a trial proceeding and offer insight. An expert witness will present a finding in court and will only appear for testimony.

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In Preparing an Expert Witness for Direct Examination: Time for a Pep Talk, medical expert witness Dr. Burton Bentley of Elite Medical Experts LLC writes:

From the perspective of the expert witness, direct examination is not a particularly enjoyable process. The adversarial environment, intensity of focus, and technical nature of the data all combine to add stress to an already demanding situation. Experts themselves also may have some degree of self-doubt, a subliminal fear of being placed under scrutiny magnified by the inherent human tendency to avoid criticizing others. In the absence of a focused mind, even the staunchest expert may melt under the spotlight of skillful direct examination. Consequently, an astute litigator must understand the perspective of the expert and then reinforce the skills that will lead to the expert’s success. Toward this end, a basic pep talk is a good place to begin.

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In Report Writing and Opinion Terminology, document examination expert witness Ronald N. Morris writes:

INTRODUCTION At the conclusion of the analysis phase of an examination and comparison, the Forensic Document Examiner (FDE) writes a report that should be complete, standing on its own without having to rely on the availability of other documents for descriptions. The results of this analysis should be easy to understand. He uses language to accomplish this purpose, but because language is not always precise, the same words can have different meanings, or slightly different meanings, to different people. This is particularly true when he states his conclusions using probability statements. The purpose of this paper is to assist the reader in:

A. Understanding the format of a questioned document report B. The way examined documents should be described and how the appropriate probability statements are chosen by the FDE C. The language and terms are chosen to express the conclusions reached in the examination D. How the language and terms should be interpreted and understood by the reader of the report.

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