Things to Think About When Conducting an Investigation as an Expert Witness

Conducting an investigation into the aspects of the case demands attention to detail, planning, and care in the steps you take. As the expert in your field, determine what you need to have and what you need to do before you can draw any opinions. You have to identify the facts you need to know before forming any opinion in the case. For instance, you must assess:
*  what you need to find out
*  what you need to test
*  what you need to reconstruct
*  what mathematical equations you need to formulate
*  who you need to interview
*  what documents you need to read
*  what software you need to use
*  what information you need to compare
Words like ‘painstaking,’ ‘methodical,’ ‘meticulous,’ ‘step-by-step,’ and ‘careful’ should describe your approach. By and large, begin with having simple, factual discussions with your attorney, and subsequently, your attorney’s client. These discussions may lead to documents either now filed or already collected by the attorney.
Your discussions with the attorney’s client may lead to finding or receiving additional documents to read, or to additional persons with whom to speak. As you know details of the case, you will collect additional facts. Some of it may have now been filed as part of the case, and some of it may be accessible to the persons with whom you meet and speak. At times, you will visit the site involved or make observations of equivalent machinery or systems at another site.
You must decide what facts to Consider and what facts to ignore. Federal Rule of Evidence 703 demands that the basis for expert testimony must be facts that is “reasonably relied on by experts in the particular field in forming opinions or inferences.” The attorneys in your case are not experts in your field so, by definition, they are not competent to expertly evaluate the evidence to decide what parts of it may or may not be relevant to your opinions. Attorneys will sometimes show you only a subset of the technical facts in a case. When they do that, they undermine their own case and they undercut your likelihood of accomplishment during testimony.
Make sure to ask for all on point information, regardless of whether others might call your request irrelevant. Obvious technical information that bears on the case is relevant. So are any documents that discuss technical data, regardless of who wrote the documents. As your understanding of the case progresses, you may expand the scope of your data requests. This may come about as you learn more about various events and participants, or it may come about after reviewing other discovery materials.
In a complicated case, many boxes of evidence may exist for review, frequently stored at the attorney’s office. occasionally the boxes are labeled, and occasionally an index exists that clarifies what documents and materials are available. You should always look through the index or the boxes to decide what material to review in detail and what to reject before proceeding with opinion formulation. The room where the attorneys store these boxes of evidence is colloquially referred to as the war room.
Asking your attorney and client for additional details and data can save you the time or cost of finding it. If you cannot secure what you need directly from your client or attorney, you should look further and continue your research and investigation with other sources.
Your testimony is stronger if you can honestly say that you personally assessed the total available facts and determined what was relevant and what was irrelevant.

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. In 2010, his book “Expert Witness Training” was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com

The Psychologist as Expert Witness

The Psychologist as Expert Witness

The Psychologist as Expert Witness

The leading resource on forensic practice

The Psychologist as Expert Witness, Second Edition introduces practitioners to the law and the role of psychologists in the courtroom, covering all facets of forensic practice-one of the most rapidly growing areas of professional specialization. This comprehensive primer prepares the psychologist to function credibly as an expert witness, identifying the current and emerging areas of application of psychology to the law.

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Restaurant Expert Witness: “Three Types of Restaurant Sites”

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How to Assist Attorneys as an Expert Witness during the Discovery Process

An expert witness can help during the entire process of case preparation. Naturally, you have to expertly conduct your own investigations, write your own report, and testify on your own. However, you and your technical experience can contribute in other ways to the accomplishment of your side’s efforts in the matter.
Lawyers will often submit pleadings – legal arguments – to the court. They will frequently ask you to write and contribute technical paragraphs of text to each pleading and then you may be asked to sign the document, called an affidavit or a declaration.
Attorneys will frequently prepare, as a part of the discovery process, a series of written requests called interrogatories. Attorneys on both sides of the case will submit a series of such requests for the production of facts and documents. This set of formal requests is a tedious series of inquiries used to discover as much as possible about what the other side knows. Your attorneys will ask you to examine such interrogatories from the other side, and you will help them prepare such interrogatories for your side.
Review your attorney’s discovery request prior to submission to ensure that the request has covered the technical elements. Ensure that the request spans all of the possible data for which he can ask, and that the phraseology of the request is technically precise. The burden in the legal system is that each side must do its best to Learn on point data from the other side. Although the discovery process permits each side to ask for documents and relevant material, the discovery requests must ask explicitly. If the document doesn’t ask precisely for technical elements, the other side doesn’t have to provide the data. Your job in this early phase is to ensure that documents prepared by your lawyer are both accurate and complete, from a technical perspective.

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. In 2010, his book “Expert Witness Training” was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com

The Expert Witness Radio Show The Expert Witness Radio Show with Michael Levine and Mark Marshall – primarily centers around issues of government ineptitude …
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What There Is To Understand About A Dental Expert Witness

A dental expert witness provides courts with information throughout legal proceedings regarding dentistry matters. Much like all expert witnesses, these dental experts explain concepts and will also interpret facts regarding a particular case. They use their knowledge to determine all kinds of information based on the dental records. They are used in civil and defense cases, dental professionals usually testify regarding dental records, forensic evidence and other specialized areas in the industry.

It is very typical for dental pro witnesses to be contacted in civil malpractice matters. In these situations, the plaintiff’s law firm might call upon a witness to explain just how another dentist’s measures were harmful. For example, if the dental office did not adhere to proper treatment process or missed an evident complication, the dentistry expert witness will show you this to the assess and/or even jury.

Conversely, your defense may use the particular expert to explain the reason why the dentist served properly or had not been negligent. In either predicament, each side trusts that the expert’s testimony carries sufficient clout to help acquire the case.

Tooth expert witnesses furthermore appear in municipal court for greater cases involving product or service liability. In these cases, a hurt party may file suit a manufacturer as well as supplier of products alleged to do harm. A dental specialist could testify regarding either side in the case by assisting the plaintiff’s boasts with medical understanding or by supporting the defense present that no damage was caused.

Lawyers also employ dental care expert witnesses inside criminal trials. In situations where dental evidence is vital, the witness will offer you an expert thoughts and opinions to try to swing the jury or even judge. For instance, take into account an assault test where the supposed perpetrator bit your victim.

The district attorney would use the pro to compare dentistry records of the charged with the chew pattern. The protection also could use a specialist to dispute the particular prosecutor’s witness, provide an alternative description of the episode, or claim that the particular injury was not serious.

In more intricate criminal cases, a new forensic dental pro, for example, might be called in order to testify about human being remains where detection of a sufferer is only achievable through dental data. The expert could also recreate dental characteristics, such as mouth structure, or support bolster an argument regarding cause of dying based on autopsy results or criminal offense scene evidence. Forensic dentist experts are generally highly specialized specialists; not every dentistry expert witness is actually qualified to state on these complicated criminal matters.

These specialist serve as the actual expert witness used in court. A number of dental experts merely provide background information pertaining to attorneys or give a written, sworn affirmation about the proof in a scenario. Some just give accounts in an out of court deposition. Your expert may also help law enforcement officials investigators build their particular case by advising specific lines of questioning. The specialist also may present dental examinations or even interpret records, as well as attorneys will use the data in court without having necessarily calling your dental expert to be able to testify in person.

Malpractice expert consultants providing expert witness service evaluations and expert reports.

Expert Witness – enhance the strength of your legal case

When it comes to winning a case in court you need to make sure that everything is running in your favour. You’ll need to make use of as many favourable witnesses as you can to support your claims and demands. Without witnesses in your support your case will fall before it has begun. However, despite having said this, there are some types of case which don’t require witnesses to reach success. One of the most common of these is personal injury claims. To win at this case you’re going to need the services of a medico-legal firm.

These companies boast a range of certified professionals from doctors to solicitors who have the skills needed to bring your case to justice. One of their most fundamental assets is their ability to offer you an expert witness. Despite the name, the term does not refer to people who have seen a crime with their own eyes! They are certified professionals who are called upon to court to offer their expertise on a fact or piece of evidence that the judge isn’t sure on. In terms of your personal injury, an expert witness can validate your injuries and even explain how they happened. Expert witnesses can be provided by the court but if your case is only for a small claim you’re probably going to need to produce your own.

What to look for from a medico-legal company?

Expert witnesses can normally be found from medico-legal companies. It’s up to you to find the right
one to acquire services from.

Certified: Although any medical professional will be helpful to your case it is in your best interest to ensure that they are also certified. They will obviously need to be registered as an expert witness but should hopefully also be certified by the GMC (General Medical Council) and by the MDU (Medical Defence Union). This will help to heighten the authenticity of their expert opinion.

Successful: Many medico-legal companies will be more than happy to list a ‘testimonials’ page or a ‘previous clients’ page on their website. Check these sections out and learn which cases their expert witnesses have supported before. If they have a solid track record you can be confident in their ability to help win your case.

Fairly Priced: Your personal injury claim will be more than likely to sue for compensation in order to cover your time off of work. If you hire an expert witness who costs the earth it will defeat the point of your claim altogether. Use the internet to compare and contrast a vast range of companies to find a company who can offer you a reasonable price.

An expert witness can drastically enhance the strength of your case/claim. For personal injuries especially, their experience in the medical world can affirm to a judge the seriousness of your injuries and help in securing you the money that you deserve.

Don’t let the guilty get away with their crime – utilise an Expert Witness and unleash the legal power of a professional opinion.

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Questions to Ask Before Hiring an Expert Witness

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.

Medical expert witness serving US and Canada. Having a group of medical and dental expert witness we have been serving since 1978.

Have You Got A Credit Expert Witness With Your Team?

For the most part Internet Marketers say that your best course of action is to become an expert within your niche. This is almost always followed up with some form of the “fake it til you make it” cliched advice. So then you have to decide what you want to do.

Rather than telling people to fake it, shouldn’t you figure out what it is that you can do to help yourself become a genuine expert? You can also learn what to do to position yourself this way but you have to prove to your audience that you have more than just a basic clue about things.

If you want people to see you as an expert first they are going to need to see you. Social media is one of the best ways to make this happen correctly. The niche you choose is going to tell you which one you should be focusing on. If you’re serving a more professional audience, you should start with LinkedIn. Facebook and Twitter are also important parts of any social media strategy. Selling your image and brand are your only goals here.

So don’t try to market any products just yet. You will need to network with people and engage them as much as possible. This simple thing is enough to expose you to others and help them remember you.

If you are not an expert in your niche but want to develop that perception, then it will take more time to accomplish this branding. So you have to be patient with the process, and you also have to give your self time to learn. Very many small business online marketers want everything to be instant. And don’t think that quality and honesty in your business does not matter because it’s more important than ever. You must take your time and create a road map that will give you solid direction and goals to accomplish. After all is ready to go, then assign priorities to goals and set out to meet them one at a time.

It shouldn’t take long for you to see that people who are actually experts and who are good at marketing themselves almost always have the best quality products. Obviously this doesn’t mean very short ebooks with prices that are far too low. Typically experts will have much more extensive courses and products that have the right prices. Don’t price everything so high that your audience can’t afford it but don’t be afraid to play the part either. Experts understand their status and don’t underestimate themselves. Experts understand that their information is valuable and it should be priced accordingly. If you have worked with branding before then it will be simpler for you to create your brand as a niche expert. Backing up your claims is quite important here. So there is a lot of work sitting there for you to do. But being known as an expert in a niche makes the effort more than worthy.

The Expert Witness Marketing Book How To Promote Your Forensic Practice In A Professional And Cost-Effective Manner The Expert Witness Marketing Book Reviews

The Expert Witness Marketing Book How To Promote Your Forensic Practice In A Professional And Cost-Effective Manner The Expert Witness Marketing Book

The Expert Witness Marketing Book How To Promote Your Forensic Practice In A Professional And Cost-Effective Manner The Expert Witness Marketing Book

Book annotation not available for this title.
Title The Expert Witness Marketing Book
Author Hamilton Rosalie
Publisher Expert Communications
Publication Date 2003/04/01
Number of Pages 264
Binding Type HARDCOVER
Library of Congress 2002094889

Price:

Expert Witness Corner: A Fire Investigator?s Qualifications

Whether an attorney instructs a fire investigator to carry out work or is facing one across the courtroom it is essential that the lawyer satisfy himself or herself that the expert is properly qualified.

It is a young science and has evolved greatly of the last several years. Due to advances in the science of fire investigation certifying bodies and the courts are paying close attention to who qualifies and how. Investigations are conducted for various reasons ranging from those conducted by public fire departments to identify origin and cause, and whether or not any criminal activity was involved; to those privately financed by insurance companies and individuals to attempt to assign blame and recover loss. This article will discuss the range of education, training, experience, and certifications involved.

Education and Certifications

Formal education various greatly. The National Fire Protection Association (NFPA) 1033 “Standard for Professional Qualifications for Fire Investigator” is a standard for minimum requirements. The NFPA 1033 dictates in general that at a minimum, the investigator must be at least 18 years old and possess a high school diploma or equivalent. In general most will have various educations beyond this minimum. Formal education often varies from an associate’s degree in fire science to bachelors, masters, or doctoral degrees in engineering or other technical sciences.

There are numerous certifications available to demonstrate the minimum levels of competence. The two most recognized associations in the United States that certify are the National Association of Fire Investigators (NAFI) and the International Association of Arson Investigators (IAAI). NAFI offers three certifications that act as entry-level certification and documentation of education and experience. These certifications can be obtained upon completing various amounts on-scene training and completing varying amounts of training, often obtainable by attending various directed conferences. Upon meeting the applicant requirements, all of these certifications require passing a comprehensive written examination.

NAFI offers three different certifications; these are the Certified Fire and Explosion Investigator (CFEI), the Certified Fire Investigation Instructor (CFII), and the Certified Vehicle Fire Investigator (CVFI).

The IAAI offers two certifications which are the Fire Investigation Technician (IAAI-FIT) and the Certified Fire Investigator (IAAI-CFI). The IAAI-FIT is this association’s entry-level certification and requires a minimum of 18 months of general experience and a minimum of 44 hours of tested training. There is then a comprehensive examination. The IAAI-CFI has a much more rigorous application process that must be completed and approved before an applicant may sit for the certification examination. The requirements of the IAAI-CFI include a minimum of 4 years of full time experience, certain testimony experience or training requirements, education and training, and various other requirements that are set up on a point system. The applicant must complete the application meeting all the points requirements and include verification of every item listed.

Other agency specific certifications exist, but the most recognized may be the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Certified Fire Investigator (ATF-CFI). This in-house certification applies scientific and engineering technology training in a 2-year training program. The ATF special agent must undergo a minimum of 6 weeks of classroom training and gain hands on experience of at least 100 fire scenes under the direct mentorship of an ATF-CFI.

Public Sector Fire Investigation

The public sector F.I is usually one employed by the government, such as fire department, state fire marshal’s office, etc. The range of education, training, experience, and certifications varies greatly in this category. Fire department investigators are often fire fighters that have moved into the fire investigations unit. They often receive in house training that is passed down from colleagues. Their background often includes an associate’s degree in fire science related to fire fighting with some training. Often, fire department fire investigators will work in this position for many years however the department’s budget is often limited when it comes to sending employees to outside training and conferences which is a requirement for independently recognized F.I certifications. The lack of funding for outside training can lead to not only a lack of certifications, but also a lack of awareness of the advances in the science. Fire departments will often send at least their lead investigators to the Fire Academy and to locally sponsored conferences.

Often, fire marshal F.I’s have transferred from a different position. The F.M’s office often has a less restrictive budget with respect to providing training. F.M.I’s often have or are on path to acquire various certifications.

The next level comes from federal agencies such as the Alcohol, Tobacco, and Firearms (ATF). ATF investigators go through a rigorous two-year training program to obtain the ATF’s Certified Fire Investigator Certification (ATF-CFI).

Private Sector Fire Investigation.

Private sector investigators are those that do not conduct work for government agencies, but are hired by insurance companies, attorneys, or other individuals to determine the origin and cause of fires. They range from ex-public sector fire investigators to engineers, chemists, and other technically degreed individuals whose careers have led them into fire investigation. They normally have more flexible budgets for attending conferences, seminars, and other forms of continuing education, which tends to become a job requirement in order to comply with the recertification requirements of the various certifications they may hold.

Attorneys should therefore always bear in mind when they are trying to find an expert witness that the person they eventually use must have impeccable credentials and qualifications that cannot be challenged by their opponent.

Cale Robertson began his career as an engineer, obtaining a bachelors of science and a master’s degree in mechanical engineering and holds all of the key qualifications discussed above. You can view his Profile and find an expert witness at X-Pro, the innovative expert witness directory.

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