Expert Witness Blog

Wide Area Network (WAN) expert witnesses may opine on computer networks, routing, WAN, and related topics. Here, The Digital Forensic Group answers the question What is Computer Forensics?

Computer forensics, also known as digital forensics, is the practice of identifying, collecting, preserving and analyzing legal evidence from digital media such as computer hard disk drives. Since digital evidence is both fragile and volatile, it requires the attention of a certified specialist to ensure that materials of evidentiary value are effectively isolated and extracted in a scientific manner to withstand the scrutiny of the legal system. The goal of computer forensics is to explain the current state of a digital artifact. These can include a computer system, storage medium (such as a hard disk or CD-ROM), an electronic document (e.g. an email message or JPEG image) or even a sequence of packets moving over a computer network.

Fatigue limit expert witnesses may write reports on driver fatigue, asleep at the wheel, drowsiness, and related topics. The Circadian Newsletter describes the issues involved in shiftworkers and schedule optimization.

Every plant is unique as are its shiftworkers. You can only achieve the best shift schedule through a logical, systematic search for what is optimal for your business efficiency and for the needs of your shiftworkers.

At numerous 24-hour operations, shiftworkers and management are laboring with antiquated or poorly designed shift schedules. These lead to:

Insurance claims expert witnesses may opine on insurance policy interpretation, insurance fraud, and related topics. In 8 Great Ways to Get Busted for Auto Insurance Fraud, Insurance.com writes:

Insurance fraud is becoming more frequent as people look for “creative” ways to make money in the struggling economy. Insurance companies find that people file more claims in a down economy, often for smaller amounts. And, fraud is an increasing problem. With so many claims for car insurance companies to process, it may seem like a fraudulent claim can slip through unnoticed. Not so.

Just like the team on CSI uses advanced techniques to analyze evidence and figure out what happened, an insurance company’s Special Investigations Unit or SIU-which often includes reps with law enforcement experience-conducts a thorough investigation to detect fraud. (Please note that Insurance.com reminds consumers that insurance fraud is illegal and a very bad idea.) Here are a few things fraudsters try to get away with-and why it’s rare that they will:

Affidavit of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual professional process servers.

Comment These guidelines address three important aspects of proofs or affidavits of service: content, signature(s) and record keeping. They are designed to ensure that the proofs or affidavits of service be completed and signed by the person making service. The traditional and fundamental components of proving service must be maintained. The process server must attest to the facts under penalty of perjury, or by sworn affidavit, and personally sign, or, where permitted by law, cause his or her signature to be affixed electronically to, the proof or affidavit of service.

It is not proper for a proof of service to be signed before completion, or signed in blank to be completed later. It is not permissible to sign the process server’s name to a proof of service on his or her behalf.

Fatigue expert witnesses may write reports on driver fatigue, asleep at the wheel, drowsiness, and related issues. The Circadian Newsletter describes the problems involved with fatigued employees.

Studies have clearly linked fatigue to increases in human error, accidents, injuries and poor performance. In fact, one study found that fatigued workers cost U.S. employers more than $136 billion per year in lost productivity. In addition, several studies have confirmed that fatigue impairment can produce a similar impairment as alcohol in terms of logical reasoning, concentration, information processing, judgment, hand-eye coordination, and reaction times. Quite simply, as people perform without sufficient rest, the likelihood of errors and accidents increases.

Read more: circadian.com.

Networking expert witnesses may opine on computer networks, routing, WAN, and related topics. In How to be a Digital Forensic Expert Witness, Stephen C. Schroeder, Seattle University School of Law and Seattle University Computer Dept. of Science and Software writes:

The prospect of becoming an expert witness in court can be a daunting one. The question and answer format in which you must testify can seem awkward and inefficient. Used to communicating with your IT security professional peers, you naturally use the technical terms, jargon and acronyms of the trade when describing your findings and recommendations. As part of the legal process, you must become a teacher, presenting your technical testimony in terms that laymen can understand – but without condescending.

While the general fact witness may testify only as to what he or she directly knows, an expert may present testimony using the powerful words, “in my opinion.” Additionally, the expert may rely upon any information that is available, whether or not it has actually been admitted into evidence. In order to do so, however, you must be qualified by the trial court because of your skill, experience, training, or education.

Hydrologic engineering expert witnesses may write reports on underground and surface waters including storm drains, water-related geologic hazards, environmental site assessments, and related topics.

Hydrologic engineers frequently work with environmental engineers in consulting firms that advise and help businesses and government agencies to comply with environmental policy, particularly with regard to groundwater decontamination and flood control. They also conduct research on sources of pollutants and make recommendations on how best to clean and preserve the environment.

Hydrologists utilize their observations of hydrologic processes to make predictions of the future behavior of hydrologic systems (i.e., water flow and water quality). These estimates are important for engineers and economists so that proper risk analysis can be performed to influence investment decisions in future infrastructure projects and to determine the yield reliability characteristics of water supply systems. These estimates also are key in designing dams for water supply or hydroelectric power generation and formulating operating rules for large dams that are part of systems that include agricultural, industrial, and residential demands.

Public storage security experts may opine on self-storage managers, public storage vandalism, miniwarehouse break-ins and related topics. In Preventing Crime and Acts of Terrorism in Self-Storage: Using Products and Services Approved for the SAFETY ActJason Benedict, Iveda Solutions writes:

Theft, vandalism, graffiti, break-ins, employee safety, destruction of property, and lawsuits are all common concerns among self-storage owners and operators. Although there are many precautionary measures available and in use today, unlawful and criminal activity seems to lurk around every dark corner, pushing self-storage facilities to advance toward high-tech security.

In self-storage, security is progressing far beyond the traditional tools, gaining strength through products or services approved by the U.S. Department of Homeland Security. In fact, the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act) even provides liability protection to promote the creation, deployment and use of anti-terrorism technology. Simply put, if your facility uses Act-approved products and services, you’re given some protection against liability in the event of malicious or criminal acts.

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual for professional process servers.

A Notary Public, whether employed in a process serving business, or not, must adhere to the state laws regarding Notary Publics within the jurisdiction where he or she has been commissioned. These duties and obligations transcend other duties that may be assigned by an employer.

Content A proof or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served.

In PRESERVE THE PHYSICAL EVIDENCE!, electrical expert witness Roger L. Boyell, writes:

As soon as you believe a legal action might be initiated, take pains to preserve whatever physical evidence may be relevant. Send in an investigator, take many photographs, expedite the discovery process. Alteration or disguise of potential physical evidence need not be on purpose. Damage gets repaired, defects are corrected during routine maintenance, new features and devices are incorporated in machinery, apparatus undergoes corrosion and decay. Copies are not always exact replicas. Computer records can be overwritten with no intent of spoliation.

The lesson is to promptly identify and preserve whatever evidence might later become useful for presentation in the forum: equipment, photographs, test results, written records, videotapes, lab samples. Physical evidence never improves its usefulness to litigation with the passage of time.