by

WebWire writes that computer forensic expert witnesses:

…deal with some of the most grave and serious of criminal cases that involve digital evidence. However it may be surprising to hear that currently there is no regulatory body to ensure the quality of their work, their security, and the expert’s individual’s background.

It is a different case for those forensic companies who work for prosecuting bodies such as police forces and law enforcement agencies, as they are normally independently regulated by the instructing body and undergo rigorous vetting. Forensic companies working solely for the defence however, have the same access to the same evidence involved in these cases, yet nobody is actively monitoring their activities. In theory a one man band with a computer and the appropriate software could take on criminal defence cases which range from fraud, terrorism and drugs offences, to indecent images of children and grooming charges.

Continue reading

by

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on ensuring an effective audit process.

Extensive work goes into producing reports in litigation. The case team supporting the experts should have an audit process in place that ensures that all analyses were performed correctly and that factual statements can be verified from orignial source documents. In addition, the audit process should make certain that no information in the report is the result of only one person’s input or review.

Excerpted from the ABA Expert Witness Alert, Summer/Fall 2007

by

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on agreeing on an outline and defining the scope of the analysis.

Experts can often help attorneys better define the questions that will advance their case, as well. From an expert’s standpoint, the goal is to define questions that are sufficiently narrow to fall within his or her specialty, while also being broad enough to be useful to the client. Some experts are comfortable defining an expansive scope of research, whereas ohters prefer defining a narrow scope. Equally important as defining the questions effectively is defining them early. The expert and their support team should discuss the questions as soon as practicable, and the attorneys should provide their insights to get the team headed in the right direction with the right information. This significantly reduces the likelihood of spending time on research that ultimately does not become part of the expert’s opinion.

Excerpted from the ABA Expert Witness Alert, Summer/Fall 2007

by

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on agreeing on an outline and defining the scope of the analysis.

In some cases, a significant initial stumbling block is defining the question or questions you want the experts to address. Choosing the right questions and establishing the scope of the analysis have obvious implications for your budget; they are also relevant to determining how many experts you retain. Experts may be helpful in guiding you on which questions they think they can answer. Expect the outline to change over time, but ensure that the experts do not stray from their area of expertise. While experts should provide the most rigourous analysis of the facts of the case, they should also know when certain matters are better addressed by other witnesses, be they fact witnesses or experts in other areas.

Excerpted from the ABA Expert Witness Alert, Summer/Fall 2007

by

As reported at p2pnet.net:

Word of the new Expert Witness Defense Fund is getting around online fast, and not only on English language sites. Vivendi Universal (France), Sony BMG (Japan and Germany), EMI (Britain), and Warner Music (US), the members of the Big 4 organised music cartel, are engaged in a vicious and bitter battle with their own customers to force them into becoming compliant consumers, just as they were in the heady pre-Net days…

The fund has been created so RIAA victims can hire their own (entertainment and media) experts in what Recording Industry vs the People’s Ray Beckerman believes is a “cataclysmic event in the history of the RIAA’s litigation campaign”. Free Software Foundation Expert Witness Defense Fund will, “go a long way to at least partially levelling the playing field for the men, women and even young children currently under attack by Warner Music, EMI, Vivendi Universal and Sony BMG,” we posted yesterday. So far, among others, it’s been reported by:

Continue reading

by

Debra Cassens Weiss reports Attorney Fee Expert Angers Judge, ABA Journal, 11/19/07.

A Philadelphia judge has chastised an expert witness for his testimony challenging attorney fees in two cases, including the class action case against Wal-Mart for unpaid overtime. In opinions issued last Wednesday, Judge Mark Bernstein criticized the defense witness, John Marquess of Legal Cost Control Inc., for testimony in the Wal-Mart case and in a successful class action suit against Kia Motors America Inc., the Legal Intelligencer reports. Bernstein awarded $45.7 million in attorney fees and $3.6 million in expenses in the Wal-Mart case.

In the Kia case, Bernstein said Marquess gave a biased review that was ‘intentionally factually restricted.’ Bernstein had awarded $4.125 million in fees in the suit, which had contended brakes on 1995 to 2001 Kia Sephias needed to be replaced about every 5,000 miles. The jury ordered Kia to pay $5.6 million, or $600 each, to the 9,402 class members. Bernstein had been ordered by a Pennsylvania superior court to write an opinion justifying the fees.

Continue reading

by

Kansas State University Professor and expert witness Bob Shoop has been writing about teacher sex abuse cases since 1984. The child sex abuse expert witness says that “consistently most studies have indicated that between 5 and 10 percent of the students in a high-school setting have had an inappropriate relationship with an adult.” An AP investigation has found that more than 2,500 educators have been accused of misconduct and victims were 80% students.

Jeff Kuhner, communications director for the Thomas B. Fordham Foundation, said there are many reasons why most of the abuse goes unreported, but underneath is a bureaucracy looking out for its own. “You have public school unions who are very deeply entrenched, who are more interested in protecting the interests of their members and teachers than they are in serving students,” he said.

Roy Einreinhofer, spokesman for The National Association of State Directors of Teacher Education and Certification, operates a voluntary database to track offenders and says the list is long. “The clearinghouse contains around 37,000 names,” he said, “and that increases at a rate of about 2,500 or so a year.”

Continue reading

by

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on selecting the attorney to communicate with experts.

In large cases, designating a point person whose responsibilities include communicating with the experts avoids unnecessary work and ensures coordination of expert research and legal strategy. The point person should be quanitatively skilled and have some decision-making authority or direct access to a senior case manager.

Excerpted from the ABA Expert Witness Alert, Summer/Fall 2007

by

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on managing documents.

On smaller cases, sending all documentation to the experts and spending time reviewing the materials with them is often most efficient. On the other hand, ten boxes of documents accompanied by a two-sentence cover note – something we’ve experienced – is not an effective way to proceed. On the largest cases, direct access to the document management system is by far the best way to manage the process effectively.

In one recent case, the law firm we were working with installed its proprietary document management system and database program on our computers to provide us with electronic access to all documents. In real time, we could query the fully text-searchable database for documents or keywords. This saved considerable time and money (and trees) despite the initial investment. If such a system cannot be made available to the expert, try at least to provide documents in a searchable format on CDs.

Continue reading

by

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on managing the information flow in your case.

When massive amounts of documents and facts are involved, it is tempting to restrict the amount of information flowing to experts. However, because the expert is independent and must consider all relevant information, such an approach can backfire, leading to surprises in deposition or testimony and potential amendments to a report. Providing access to all documents and fact witnesses while assisting the expert in the selection of relevant documents is the safer way to proceed, and can be done efficiently. Costs can be minimized by relying on those working under the expert’s direct supervision (and at lower rates). Such staff can pre-screen client personnel for discussions with the expert, review documents, and develop factual summaries that consist of quoted excerpts and are devoid of opinion.

Excerpted from the ABA Expert Witness Alert, Summer/Fall 2007