Expert Witness Blog

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:

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:

There are several advantages to having your expert witness talk to the client directly. If your expert’s opinions will be based on the client’s observations and thoughts, the expert should meet and talk with that individual. For example, when the recollection of the plaintiff is crucial to the accident reconstruction expert witness’s opinion, and the plaintiff’s attorney fails to have his own expert meet the client, then the expert must rely on information the attorney gleaned at the deposition. If the expert only sees a summary of the client’s statement or deposition, there is no opportunity for the expert to ask pertinent questions directly.

After having researched and hired your expert witness, expect to give them the original or copy of every significant writing on which their opinion will be based. For example, in a neurology medical malpractice case, the neurology expert witness should be provided with complete copies of all the plaintiff’s medical records. While they may not have time to read all the records, the expert should be relied upon to determine which records are relevant. It may turn out that the expert finds relevant information in materials that the attorney believed to be of little value in his case.