Expert Witness

So Cal Buidler

Hi guys,
I'm new to the group but I'm looking forward to your insights. I have dabbled in expert witnessing but was wondering if any of you guys do it on a regular basis. If so, what is the best way to get into it (ie get your name out there). If any of you have any experience or advice, I would love to hear it. Thanks!

Cole

Are you talking about consulting?

__________________
Tulsa's Leader in Outdoor Living Construction | Facebook | Tulsa Pergola Builder | Tulsa Outdoor Kitchens

So Cal Buidler

Well I'm exploring that option also but mainly expert witnessing. That's where an attorney or insurance company hires you for your "expert" opinion on a case.

KentWhitten

are you an expert?

So Cal Buidler

Well I am not going to proclaim myself as any type of expert but I've just been a general contractor for quite some time (26 years). A lot of law firms will pay good money for your "expert" opinion on things like construction defects. An "expert," according to some law firms, is someone who possesses more knowledge than a common layman.

mickeyco

I have testified in court as an "expert", might be doing it again real soon if there's no settlement, I was qualified as an expert by the judge through a series of questions about experience and education. I think most of the guys here could be qualified as an "expert" based on their knowledge in their field of work. But to it do as a profession I would think it would be desirable to have degrees or certifications in the area you wish to testify as an expert cause the other side usually does. Join associations and organizations related to the field that you wish to testify as an expert. There are several expert witness referral services on-line that you could try signing up with, I think they work in a fashion similar to Service Magic. If you're an architect or engineer etc, get a job at a company that does forensics in your area of expertise. It's good to specialize in an area that there's a lot of call for (like water damage for example). I think it's probably the same as starting any business, advertising, connections, pavement pounding, etc.

concretemasonry

Contact legal firms with a summary of your experience and credentials.

Make sure you can show some varied experience in addition to your area of expertise.

Show ACTIVITY in as many organizations as possible, especially those involving building code and standards. Just belonging to a group does not say much since all you have to do to belong is pay dues.

Without knowing your qualifications contact the American Arbitration Association. The referral services may be a way to get some initial exposure. Be prepared to "buy" your first exposure with a low fee just to be able add it to your resume.

__________________
Dick

Engineer, designer and consultant recently active domestically and internationally on construction and design in about 35 countries.

dirt diggler

HAHAH


so you're not an expert ...

but you want to be an expert witness ... - makes sense

mdshunk

Not a bad idea to get yourself some E&O insurance if you get into consulting, testifying, and magazine article writing.

So Cal Buidler

Like I said "An "expert," according to some law firms, is someone who possesses more knowledge than a common layman."

Since I've been doing this for more than 27 years, I would hope that I would know more than a common layman. Make sense?

dirt diggler

no, it doesn't actually


if an "expert" is someone who possesses more knowledge than a common layman ...


and you said "I don't proclaim myself to be an expert"

then that means you must not possess more knowledge than a common layman

(although you claim to hope that you possess more knowledge than a common layman)

so no, that does not make sense

concretemasonry

Some definitions say an expert is someone from more than 100 miles away. - Actually, not being local is a benefit unless you are dealing with local materials like soils.

Being an expert witness does not mean that you know more than others, but that you are able to convey your knowledge and can handle an obnoxious attorney doing a cross examination. You have to convince the judge, jury or arbitrator that you are accurate, confident and have addressed all facts and possiblities.

The best thing I ever heard at an arbitration hearing was when the opposing witness left the room for personal reasons and one arbitrator said to another "I hope that red-headed SOB gets lost and does not find his way back".

The red head was very sharp and knowledgeable, but he could not convey it to the people deciding.

__________________
Dick

Engineer, designer and consultant recently active domestically and internationally on construction and design in about 35 countries.

So Cal Buidler

Does anybody besides dirt diggler (who is clearly the expert here) have anything positive to contribute to my inquiry? Any expert witness horror stories?

Big Bob

Well, ex = something old

pert = (+/-) spert
______________________________

OLD DRIP

Try hanging out at Lawyer bars / after one of them picks you up and is done with you:

they start passing you arround to their friends.

One day you will feel old and abused.

good luck

w6ire

You can actually make a very lucrative career at being an expert witness. Many people here have been trying to define the term, but the true definition is up to the jury. Expert witnesses are always hired by attornys and advertise their services in legal periodicals.

There are 2 types of expert witnesses, testifying and non testifying. Non testifying would be examining construction defects and writing a report of your findings. If you found something that made your client look culpable, you could conceal this and not report it as client-attorny priviledge would protect you.

If you plan to offer expert testimony, you no longer are covered by this priviledge and anything YOU WRITE DOWN becomes discoverable, so the moral is, never write down anything that makes your client look bad.

The opposing attorney will try to dicredit your testimony, and since you are holding yourself out as an expert with impecable credibility, anything in your past that is public record is fair game, any judgements, arrests, convictions or disputes. You better be spotless because the opposition will try to defame you in open court.

The more times you have testified as an expert in court coupled with the number of times your testimony has contributed to a favorable result, the higher your fee will go. Sveral hundred dollars per hour is nothing when compared to the liability someone may face in civil litigation.

To be an expert witness you must also be viewed as trustworthy and cool and calm by the jury or judge. Most cases are settled out of court but even then you will have to be deposed by the opposition and the deposition will be video taped and you must answer all questions even when your customer (an attorney) objects.

It takes a lot to be a top notch expert witness, most in the field of construction are also engineers, but it can be a stimulating and lucrative career.

dirt diggler

yes ... i have an expert witness horror story


"it was a dark and stormy night ..."

BuiltByMAC

I'm a little confused - what is a So Cal Buidler? Or is Buidler your last name?

You may think I'm poking fun but I'm wanting you to understand if you're wishing to get a job as an "Expert Witness," you'll need to come across to the jury as a total professional. That means crossing your "t"s, dotting your "i"s and using the spell checker for all documents.

Take this for what it is, constructive criticism, not a personal slam. I don't know you and have no stake in your future career.

Mac