Expert Witness Blog

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.

WHAT ABOUT THE INTERNAL REVENUE SERVICE?
The IRS requires verifiable documentation on the value of property donated to a non-profit organization. An appraisal in accordance with IRS regulations and guidelines provides you with the information needed to document your donation. Obtaining Insurance
A current appraisal is required for many insurance policies covering fine art, silver, decorative arts, and jewelry. An appraisal updated on a regular basis establishes the accurate replacement value of your personal property and protects you from financial losses caused by theft, fire and flood.

More to come from: http://rareart.net/index.html

Since 1991 ForensisGroup, Inc., has referred consultants, expert witnesses, forensic experts, and investigators in most technical, construction, medical, scientific, and engineering disciplines. Director Mercy Steenwyk advises legal professionals to keep these things in mind when looking at expert resumes, curriculum vitae (CV’s), and profiles:

1) Many areas of expertise might be satisfied by a range of disciplines.

Depending on the circumstance and the investigatory aims, fire cause and origin investigations may call for scientists, engineers, or skilled technicians in the building trades. Similarly, a given mold issue may be resolved by a medical toxicologist, general physician, environmental or occupational health expert, architectural engineer, or general contractor.

2) The only way to know for sure what areas of expertise an expert has is to speak with them.

No profile or resume is capable of summing up a lifetime’s professional experience. It is always beneficial to let us put you in touch with experts whose unique understanding and experience might favorably impact the outcome of your case by illuminating the technical issues involved.

For more, go to http://www.forensisgroup.com/

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:

Informed Buying
Considering the purchase of an expensive items such as a painting or antique? An appraisal can assist you in making an informed purchase.

Estate Planning
An up-to-date appraisal attached to your will reassures your heirs, lawyers, and accountants and will save you money and assist in avoiding unpleasantness.

Obtaining Insurance
A current appraisal is required for many insurance policies covering fine art, silver, decorative arts, and jewelry. An appraisal updated on a regular basis establishes the accurate replacement value of your personal property and protects you from financial losses caused by theft, fire and flood.

More to come from: http://rareart.net/index.html

When researching a machinery expert witness, look for the expert who can provide analysis, reports, exhibits, and testing facilities. Eckstine & Associates, Inc., advises that the testing facility should be capable of conducting detailed experiments, performing accident reconstruction, conducting complete testing, and verifying failure analysis. Since trial exhibits and visual aids play an important part in contributing to the understanding of the facts of any case, look for CAD design and manufacturing of mock-ups and trial exhibits as well as conventional drawings, animations, displays, warning, charts and models.

For more, see http://www.eckstine.net/

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:

Donations and Gifts - An appraisal allows you to knowledgeably plan your gifts and donations. In some cases a qualified appraisal is required for tax and other purposes.

Determining Your Net Worth
You may need to know your exact net worth in order to meet a business or investment need. The appraised value of your personal property - art, antiques, furniture, etc., - increases your total net worth through accurate documentation.

Division of Property
Your personal property may require division due to dissolution of marriage, bankruptcy or death. A current appraisal provides you with the necessary information and documentation to assure equitable distribution.

More to come from: http://rareart.net/index.html

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.

Hiring a construction expert witness early on in your case is advantageous for several reasons. These expert witnesses may opine and write reports on construction investigations, construction standards of care, construction cost estimates, general contractors, licensed contractors, and construction disputes. They can also help:

Prepare discovery requests;
Prepare other witnesses and clients for their depositions;
Provide answers to discovery;
Support & oppose summary judgments.

If your case warrants it, it may be advantageous to hire more than one expert witness. For example, in an airplane case, you may need to select from the following types of aviation expert witnesses:

aircraft accident reconstruction expert witnesses
aviation training expert witnesses
aviation accident analysis expert witnesses
aviation security expert witnesses
air traffic control expert witnesses
aircraft accident investigation expert witnesses
aircraft contract manufacturing expert witnesses
aircraft design expert witnesses

As much as possible, the experts should be instructed to avoid contact with each other to ensure that one will not "contaminate" the other(s).

Be sure to research and give serious consideration to the area of expertise you will need in an expert witness for your case. A few hours on cases analysis and background reading can save wasted time and money later down the road. If the case warrants it, it may be advantageous to hire more than one expert. For example, in an accident reconstruction case, this will allow you to:

1. Have the accident reconstruction expert witnesses compete and select the stronger one to testify at trial

2. Designate both as trial experts but keep one in reserve

3. Keep one expert as a consultant for testing untried theories

An aviation expert witness may have experience as an aviation engineer. Aeronautical engineers are responsible for the design and testing of commercial aircraft, special purpose aircraft, missiles, space vehicles, and satellites and may opine on aircraft loss of control and airworthiness. Aerodynamic or thermodynamic engineers work on the development of systems and may testify on flight dynamics/aerodynamics and aircraft system-subsystem/failure analysis. Other engineers focus on more specific aspects of aircraft design such as battery technology and propeller design and may report on product liability and accident investigation and reconstruction.

Metallurgy expert witness Dr. R. Craig Jerner, Ph.D., PE, describes the metal failure analysis process:

The title, Metallurgical Failure Analysis, aptly describes the process, i.e., the analysis of a metal failure. In deference to my mechanical engineering friends, a metallurgist or metallurgical engineer is best equipped to analyze a metal failure. An accident or failure of a metal component, whether it is a simple consumer product such as a hammer or chisel, or a complex multi-component machine such as an airplane or a space shuttle, will normally not be a "simple" failure. Failures are normally complex. Often two, three or more separate but necessary circumstances or events are required to cause the failure or accident. Solving such a complex problem is much like solving a multi-piece jigsaw puzzle.

Guessing about a jigsaw puzzle picture from one or two puzzle pieces will usually lead you to a wrong conclusion. Guessing prematurely from one or two "facts" about the cause of a failure or accident will also usually lead to a wrong conclusion. A series of accident events and evidence will usually fit exactly with another set of events and evidence thereby allowing more of the true picture to be revealed.

A metallurgist's analysis of a metal failure may include many of the following: accident scene/site examination and documentation (including photo documentation), evidence preservation, library/standards/literature review, laboratory examination and testing, exemplar testing, engineering calculations, data and file analysis and synthesis, report preparation and expert witness testimony.