Expert Witness Network Blog » Expert Witness

Questions to Ask Before Hiring an Expert Witness

Witness.net — Thu, 29 Apr 2010 00:58:37 +0000

An expert witness is an individual that is an expert in their particular field and they are called to testify at a trial. There is something about that trial that suggests this individual could be helpful in establishing the guilt or the innocence of the defendant. For instance, a dentist may be called upon to talk about bite patterns or to testify regarding the dental records of a victim. A neurologist could be called to testify about abnormalities in the defendant’s brain that caused them to commit the crime. There are so many types of expert witnesses that could be called to the stand.

But when hiring an expert witness, it is important that the lawyer doing the hiring asks certain questions before telling that person that they can testify. Those questions include:

- They should be asked to clarify their profession, which is the field they are an expert in. They should also be asked to show their credentials if the lawyer is not already familiar with them.

- They should also be asked to clarify how long they have been in their profession. Longevity can help quite a bit. Then again, there are some individuals just leaving college who have fresher knowledge on the field that they are in.

- The potential expert witness should be asked if they have any personal involvement with the case. It is important that they don’t have some sort of relationship with the defendant. If they do, they will not be called to be an expert witness. It is important that they are in an unbiased situation so that they may present an unbiased opinion on the case. They are expected to give their expert opinion and that is it.

- They should be asked if they have received any information on the case before the interview. This is because being given any advanced information can cause bias. That is why jurors tend to be asked if they have any information regarding the case before the interview. That information can cause an opinion that could compromise the case.

- They could be asked if they have participated in cases such as this before. Experience always helps when trying to find someone who will be comfortable enough to give their opinion on the witness stand. They should also be aware of how to give the necessary details when asked.

- They should also be asked if they have an issue being under oath. Some individuals do have an issue with being under oath due to specific beliefs that they may have. Most do not have an issue with it, though.

- There may be questions specific to their specialization that may be asked to ensure that the potential expert witness does know what they are talking about. It is important to have questions ready that prevents them from pretending that they are the expert.

It is very important to ensure that the potential expert witness is someone who can make some sort of impact on the case. Whether they are working behind the scenes as a non-testifying witness or they are a testifying witness, they have to know what they are talking about. They can’t just pretend that they know what they are talking about just because they want to be involved in the case in some way. Sure, they may get some publicity for it, but that is not a reason to get involved with a case. It is important to ensure that the potential expert witness wants to testify because they genuinely want to help the case. They want to offer some insight that will determine the guilt or innocence of the individual at trial.

Featured Expert Witnesses

Witness.net — Tue, 20 Apr 2010 01:09:57 +0000

Allow me to introduce (in no particular order) some of the newest members of our network at http://www.witness.net . Please take a moment to see who they are, what they do and then introduce yourself.

Lou Fey
Fey Consulting LLC
http://ow.ly/1tIfE

Gary Lee
Underwriting Solutions, LLC
http://ow.ly/1tIlM

Paul Dicke
Holistech Energy Solutions, LLC
http://ow.ly/1tIny

Eric Uffman, Ph.D.
Chemir Analytical Services
http://ow.ly/1tIoD

Larry A Fabian
Larry A. Fabian, LLC
http://ow.ly/1tIpb

Rocky Arnold
http://ow.ly/1tIpR

Ashok Abbott
Business Valuation, Inc.
http://ow.ly/1tIqB

As always, please don’t hesitate to contact me directly with any questions or if you are interested hearing more about how the Expert witness Network can help you “get found”..

Rich Spies
http://www.witness.net
207-939-3266
expert@witness.net

What’s your opinion on the recent Saw Stop settlement?

Witness.net — Tue, 16 Mar 2010 01:33:47 +0000

Man wins $1.5m in first of its kind saw case: http://ow.ly/1l6aI

The commentary on this article is very centered on people not being “stupid” and responsible for their own actions. I see a lot of scenarios here, but I don’t think a person being “smarter” is going to solve the danger of a saw. Accidents do happen and even the most careful people fall victim.

What about the manufacturers? Isn’t it their responsibility to provide available technology to make something safer?

By agreeing to install Saw Stop on their saw lines, is that an admission of guilt that there is a safer solution? Could that be the reason they turned their noses up at the inventors licensing agreement?

What about the long-term effects of safer saw? Decreased medical costs, insurance savings, no work loss, etc. Not to mention keeping your fingers and hands in tact.

Rich Spies
http://www.witness.net
207-939-3266

VIDEO: Avoiding Documentation Pitfalls

Witness.net — Thu, 18 Feb 2010 13:45:13 +0000

Found this great discussion from Patricia Iyer covering topics such as:

Why do patients sue for malpractice?
What is the role of the medical record in how legal cases are screened for merit?
How should health care providers address delay in treatment & failure to rescue patients?
Why it is so important to have legible orders?

Pat Iyer answers these questions and more based on her 22 years of experience as an expert witness and expert in nursing malpractice.

She has much much more info and resources on her website as well:

http://www.medleague.com/

Expert Witness Network
http://www.witness.net

Free Expert Witness Search by Category now available!

Witness.net — Wed, 17 Feb 2010 18:06:25 +0000

The Expert Witness Network now features a new way to search our free expert witness directory. In addition to our original KEYWORD searchable database, we have added the ability to simply click on a category to reveal the expert witnesses and expert consultants within the category.

To access our free directory by expert witness category, click on “Category Search” from the FREE EXPERT SEARCH navigation link at the top of our homepage.

Expert Witness Network
http://www.witness.net

Social Marketing Tips for Expert Witnesses

Witness.net — Wed, 17 Feb 2010 17:55:56 +0000

With the obvious growth and groundswell behind Social Networking, I thought it may be helpful to the expert witness community to provide a few tips to help you wade through all the options and for you, as expert witnesses, to take advantage of it all.

Obviously you have taken the first step because you are here.

1) Diversify:

LinkedIn, Twitter, blogging and Facebook are just the tip of the iceberg when it comes to social networking. Just because you are in one, certainly doesn’t mean you have it covered. You are already a participant in the Expert Witness Network LinkeIn group…why not expand into the world of Twitter and give it a try?

2) Participate:

Lurking has its advantages, but there is nothing like pure participation to get the blood flowing. Participating not only establishes you in your field and builds credibility, but it also builds your network. Comment on discussions…comment on blogs…Tweet and ReTweet…you will be amazed at how quickly your network will grow. Who knows…maybe you will find your next gig or even learn something you didn’t already know. Who am I kidding??? You guys are the “experts”.

3)“Birds Of A Feather…”

Stick together. Network, link-up, connect and follow others with similar interests and experience. Your next connection could be the missing link to another connection that could solidify your future retirement. This may be a stretch, but in this ever shrinking virtual world we live in, it’s not unheard of.

On that note…here are the networks you can connect with me on:

Blog: http://www.expertwitnessnetworkblog.com

Twitter: http://www.twitter.com/witnessdotnet

LinkedIn: http://www.linkedin.com/in/rspies

Hopefully this was a helpful start. I would be happy to continue to provide more tips in the future if you find this helpful and worthwhile. Your feedback is always appreciated.

Expert Witness Network
Networking Experts & Attorneys since 1998
http://www.witness.net

Who Said Experts Shouldn’t Advertise?

Witness.net — Thu, 28 May 2009 01:28:00 +0000

Here is an excerpt from an article written by one of our partners…Rosalie Hamilton of www.expertcommunications.com.

In response to one of our recent emails to Expert News readers, we received an email saying, “I thought experts are not supposed to advertise, even through websites.”
I think you might find our dialogue of interest. I have edited the communication for length and confidentiality.My emailed reply was:

XXX, I don’t know where such an idea could have come from. I’ve only heard it from a couple of defense attorneys who of course don’t want experts making themselves available for plaintiff lawyers as well as for defense (defense – including insurance – attorneys have no trouble finding experts; plaintiff attorneys have more difficulty, thus look for experts’ advertising, as well as in other ways). Doctors and lawyers advertise; churches advertise; and so does every other product and service we use — advertising is a fact of life.

What experts need to be aware of is that their advertising, including their website, and their written articles, spoken presentations, and all other expression and utterances are available for scrutiny and potential criticism, so all of it needs to be professional and even conservative. An example of this caution would be to state on your website your areas of expertise and the services you perform for attorneys and the Court but not to state that you can help one side win or make other promises that bring your objectivity into question.

I hope this is helpful to you.Rosalie

To read additional responses and the complete article, please go here.

Oracle judge seeks expert technology advice

Witness.net — Wed, 20 May 2009 01:20:00 +0000

A district court judge is seeking to appoint an expert witness or witnesses to aid the court in its review of the US Department of Justice’s antitrust lawsuit to block Oracle’s proposed acquisition of PeopleSoft.

Although the type of expert was not disclosed in a Friday filing, US District Judge Vaughn Walker may seek technology and economist experts, given his previous comments in court.

During the first case management conference at the US District Court of Northern California last week, Walker expressed a desire to enhance his knowledge of technology.

“I’m not sure what these products are,” Walker said. “I need to be brought up to speed.”

Read the rest of the article here…

Expert Witness Network LinkedIn Group reaches 200 members!

Witness.net — Wed, 29 Apr 2009 01:43:00 +0000

In just about 6 months our EWN LinkedIn group has hit 200 members and continues to grow faster and faster. This is fantastic.

Thank you to all members who have contributed to making this a meaningful group to be a part of. I encourage everyone to participate in discussions, start your own, ask a question or just introduce yourself.

As always, I am available if anyone has any questions. My intention is not to be like the “Great OZ” and run this from behind a “virtual curtain”. My contact info is below.

Sincerely,
Rich Spies
Expert Witness Network
http://www.witness.net/
207-939-3266

Is More Regulation Needed To Ensure ‘Computer Forensics Experts’ Are Up To Standard?

Witness.net — Sat, 04 Apr 2009 13:11:00 +0000

By: Andrew Frowen

For a person to call themselves a General Practitioner of medicine, they must register on the General Medical Council’s GP Register and adhere to the qualification and practice standards it requires. Similarly, a person is only permitted to call themselves a solicitor if they complete a set training path and register with The Law Society, practising in line with the Solicitors’ Code of Conduct.

However, for computer forensics experts – specialists who analyse computers and other electronic devices to recover information admissible as evidence in legal trials and tribunals – no such regulation exists. In fact, anyone can refer to themselves as a computer forensics expert, which could mean that sub-standard analysis or testimony is presented at trial at the risk of leading a judge or jury towards an incorrect verdict.

While there is no compulsory regulatory body in place to help impose minimum standards upon the computer forensics profession, there are several bodies that offer non-compulsory registration, which typically involves a vetting procedure that requires an expert to meet certain quality standards.

For example, lawyers or corporate organisations looking to secure the services of a computer forensics expert in support of a case, might choose to select only those who are registered on the Sweet and Maxwell Expert Witness Register. Successful registration on the register is only possible after a robust vetting procedure which looks at their level of knowledge as well as their experience in conducting investigations and giving evidence. Registration also requires agreeing to adhere to a Code of Practice that ensures experts are dependable, reliable and conduct their activities with due diligence.

Similarly, police forces typically follow a set vetting procedure to help reduce the risk of hiring a sub-standard computer forensics expert. For example, practitioners are expected to be able to demonstrate that all investigations are carried out in line with the Association of Chief Police Officers (ACPO) good practice guidelines for computer-based evidence. These guidelines also recommend that any external expert be assessed with regard to specialist expertise, investigative knowledge, contextual knowledge, legal knowledge and communication skills. Vetting might include a visit to the analyst’s laboratory and a full background check on the expert and any other personnel who might come into contact with the evidence.

Another mark of quality that can be sought when engaging the services of a computer forensic expert is British Standard European Norm International Standardisation Organisation accreditation. In particular, BS EN ISO 9001:2000, which signifies adherence to management systems standards, and BS EN ISO 27001, which signifies adherence to Information Security standards. T

he various standards set out above would seem to offer the perfect framework for a government backed regulatory body, but a recent attempt to instigate such a body ended in failure. The Council for the Registration of Forensic Practitioners (CRFP) was set up in 1999 with the remit of promoting public confidence in forensic practice in the UK, but was closed on 31st March 2009. The organisers cited a lack of funding from the government, and a lack of support from the ACPO and the Metropolitan Police Service as the reasons behind the closure. For those keen to see compulsory regulation become a reality, the closure of the CRFP represented a significant setback.

Until such time as clear cut regulation becomes a reality, it seems that it will continue to be the responsibility of those engaging computer forensics experts to ensure that they meet sufficient standards. For court cases, careful vetting and due diligence could spell the difference between a safe conviction and a miscarriage of justice.