Expert Witness Blog

The risk of injury or death from the use of Tasers is low, an expert witness has testified at a public inquiry ordered after the death of Polish immigrant Robert Dziekanski. J. Patrick Reilly, an electrical engineer expert witness, said yesterday the weapon is safe compared with a handgun. The Star.com reports:

"Safety is relative. You can hurt people with batons and even pepper spray," said Reilly, a research scientist at Johns Hopkins University. "I wouldn't want to be Tasered myself but I recognize among the arsenal of things, this may be a useful tool."

Reilly has been offered funding money from stun-gun manufacturers and Taser International, the Arizona-based company that produces the weapon, but has declined financial grants from such companies.

He receives money from the U.S. Department of Justice, which is looking at ways to use non-lethal weapons. He has also testified at two coroners' inquests in the Vancouver area following the deaths of two men shot with Tasers in separate incidents.

In 14 Rules For Working With An Expert Economist, expert witness Dr. Jerome M. Staller offers "rules" to follow that will help your economics expert witness do the best job he or she can for you and your client.

Retain experts early enough to assist with discovery. This should be a no-brainer, yet I still get calls asking if I can testify in a case that is being tried next week. To produce a credible, defensible and thorough damages argument, I need specific and detailed data, much of which can only be obtained through discovery. This takes time.

Work to understand relevant technical issues. The best attorneys I have worked with share one significant trait: they have an avid curiosity about the details of all phases of each case -- liability, damages and everything else, and work to understand all relevant technical aspects of a claim.

Securities expert witness Chris McConnell, AIFA®, writes on a 2007 court decision requiring some stock brokers to register and comply with the Investment Advisors Act of 1940.

Prior to this decision (FPA v. SEC) what was the brokers' responsibility to customers' accounts? Over 1 million customers may find new customer account agreements in the mail. Customers should read and understand potential liability-shifting and the gravity of the decision on previous, current and future investment advice and recommendations. Some customers especially trustees, unwittingly relinquish rights even before investments occur; fiduciary duty appllies before and during review and monitoring of the account agreement with the broker dealer or investment adviser and any changes thereto. Notably, stock brokers (Series 7 licensees, registered representatives, supervised by broker dealers) are required to adhere to FINRA (formerly NASD) rule 2310 regarding Suitability and the NYSE (New York Stock Exchange) rule 405 regarding “Know (and update) your Customer” as they relate to securities recommendations in contrast to the customer's cash flow needs, time horizon, age, tax bracket, tolerance for risk (fluctuation to principal), income (amounts and sources), net worth (liquid and total) and other factors.

Computers expert witness Scott Greene of Great Scott Enterprises, Inc., writes that it is important to understand that computer forensics is not just "looking around in a computer."

There are very specific protocols for recovering, preserving and analyzing the data as evidence. Certain data may need to be recovered due to the fact that it was purposely destroyed. In addition, there are data files that are created during normal operation of the operating system or of an application program that individuals usually don't realize exist. These intricacies require an expert. Proper handling techniques preserves data from websites, computer files, fax machines, emails, etc.

Did you know that computer forensic analysis can reveal:

What web sites have been visited?
What files were been downloaded?
File creation, access and modification dates?
Attempts to conceal and destroy evidence or data?
Data fabricate attempts?
Original electronic documents can contain text that were removed from the printed version?

SEAK Inc. has developed a very comprehensive expert witness retention agreement. The contract addresses many issues, including:

• Being kept in the dark by retaining counsel
• Being purposefully conflicted out of the case
• Being stuck in a case with a problematic attorney
• Collection of fees
• Conflicts of interest
• Credibility challenges
• Deposition fees reduced via protective order
• Document retention
• Duties toward successor law firms
• Expense reimbursement
• Incomplete documentation
• Lack of preparation by retaining counsel prior to testimony
• Last minute testimony cancellations
• Late payment of fees
• Less than ethical attorneys
• Licensing issues when testifying out of state
• Non-payment of fees
• Preserving the expert’s reputation
• Pushed outside your true area of expertise
• Refusal to pay for all time spent on case
• Scheduling
• Storage costs
• Subpoenas
• Travel conditions
• Undisclosed Daubert challenges
• Unreasonable budgets
• Unreasonable deadlines
• Unreviewed answers to interrogatories

This contract is well worth the $100 amount, and can be purchased by clicking here: Expert Witness Retention Agreement.

JurisPro's President Jim Robinson, Esq. will be one of the keynote presenters at SEAK, Inc.’s upcoming 17th Annual National Expert Witness Conference on Cape Cod June 19-20, 2008. Mr. Robinson's topic will be “How Lawyers Dig up Dirt on Expert Witnesses.”

SEAK’s conference is very highly regarded and features superb, practical information presented by judges, attorneys, experts and trial consultants.

Continuing education credit is available for accident reconstructionists, arborists, attorneys, accountants, appraisers, engineers, life care planners, nurses, physicians, and psychologists.

Please click here for more information, and to register for the conference: SEAK Conference Registration.

In Preference Defense: New Challenges Facing Creditors bankruptcy expert witness Dorman Wood writes:

At its inception, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was hailed as the most sweeping revision of the bankruptcy law in more than two decades.

While the majority of the revisions under BPACPA were aimed at individual bankruptcy reform, several touched on commercial bankruptcy reform.

One such revision was to §547(c)(2), which is commonly referred to as a creditor’s ‘ordinary course of business defense’ to a preference suit brought by a trustee, unsecured trade creditors committee or in some cases, a plan administrator. A creditor’s ordinary course of business defense’ pre-BAPCPA was required to meet a three-prong test to show that a payment received within the 90-day period prior to (and including) the bankruptcy petition date, was: 1) made upon a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and transferee, 2) made in the ordinary course of business or financial affairs of the parties, and 3) made according to ordinary business terms. Prongs 1 and 2 were referred to as the “subjective test” of the parties’ dealings. Prong 3 was referred to as the “objective test” of the standards observed in the relevant industry.

Dorman Wood is Managing Member, DORMAN WOOD Associates, LLC www.Witness4U.com

In Personal Emergency Preparedness: How Prepared Are You? banking expert witness Catherine Ghiglieri writes that since 9/11 the banking industry has focused on emergency preparedness in dealing with potential terrorist threats or natural disasters. Very few have stopped to consider their personal emergency preparedness. Ghiglieri suggests putting:

All important documents or copies of them, in a binder that can be easily taken out of the home in case of a quick evacuation. Our binders are bright red, clearly marked with “Emergency Binder,” and are placed in an easily accessible location, such as a bookcase or closet near the door. In the event of an impending hurricane, these binders can easily be placed in a large zip-lock bag to assure water-tightness if an evacuation is mandated or the roof leaks. A selection of baby and marriage pictures or anything else that is precious should also be assembled and located with the emergency binders.

Appraiser Vickie Adams tells us when a gems & jewelry expert witness is needed and describes the process:

Marriage or business dissolution looks to an appraisal for equitable division.
Civil and criminal litigation requires an independent appraisal to report the dollar value of damage.
Appraisals may support litigation, help resolve disputes, estimate loss when damage occurs, and explain the value of a property in exchange. Property seizure, probate, and estate planning are other reasons for an appraisal.
Through research, the appraisal process generally develops in three stages:

First, identification of the property

1. Interpretation of the hallmarks, trademarks, backstamps and signatures
2. Recording of the metal fineness marks, model numbers and serial numbers
3. Identification of materials, construction techniques and craftsmanship

Next, evaluation of the property

1. Observation and/or tested using instruments
2. Notation of measurements, weights, quality and condition
3. Consideration of style, aesthetic appeal and form

Finally, valuation of the property

1. Research sales in the marketplace
2. Adjustment of sales data for dissimilarities to the item appraised
3. Form an opinion of value from the adjusted comparable sales

Antiques, art, & collectibles appraisal expert witnesses are knowledgeable regarding property types and their relevant markets. These expert witnesses have prepared themselves to identify and value personal property. When hiring such an expert, look for one with the special knowledge, skill, experience, training, and education in valuation. They will be able to provide reports and expert testimony on art valuation, antique furniture, coins, metalware, sports collectibles and more.

Legal professionals who visit the JurisPro Expert Witness Directory will soon be able to view video clips of expert witnesses. Attorneys have asked to have video clips of our clients, and JurisPro will be providing them to legal professionals through its Web site. This is another way that JurisPro is clearly conveying the qualifications of its clients.

If you are a JurisPro client, the easiest way to have your video clip made known to legal professionals through JurisPro is to upload the clip to Google video. Once you have uploaded it, then email the link to info@jurispro.com. JurisPro will then link your video with your profile.

Alternatively, you may send a copy of the video clip on a DVD to:

JurisPro, Inc.

Attention: Member Services

703 Pier Ave., Ste. B213

Hermosa Beach, CA 90254

The video clip should be no more than 5 minutes in length. It is suggested that the video be a short description of your services, an excerpt from a video deposition, or a news clip.

If you have questions, please contact Karen Olson at 888-818-9444 or email her at Karen@JurisPro.com.

Clients who have listed their qualifications as an expert witness with the JurisPro Expert Witness Directory are now accessible through Sidley & Austin, the #5 law firm in the United States as ranked by AMLaw.

"Through JurisPro Law Librarian Karen Olson's efforts, JurisPro's clients are now at the fingertips of tens of thousands of attorneys who practice at some of the most prestigious law firms in the United States," said attorney Jim Robinson of JurisPro. "JurisPro's clients can now be directly contacted through the internal network of 12 of the top 20 law firms in the United States, and 35 of the top 100."

Sidley Austin diversified global practice encompasses the spectrum of corporate, transactional, litigation and regulatory matters. Their practice areas include: litigation, business, healthcare, intellectual property, real estate, products liability, labor and environmental, to name just a few.