April 2008 Archives

The impact an expert witness can have on the outcome of a trial cannot be understated. It is also readily apparent that the strategy behind the use of expert wintesses has become much more complex. Accordingly, Thomson West has published a new guide, entitled Expert Witnesses in Civil Trials: Effective Preparation and Presentation, 2007-2008 Edition, to help a practitioner wade through the new rules and procedures. According to Thomson West, the guide "offers a logical and straightforward approach to the use of substantive, technical, strategic, and tactical considerations for successfully using expert witnesses in all types of civil litigation."

There are countless Internet guides. However, The Lawyer's Guide for Fact Finding on the Internet is specifically tailored to those practicing law. The book details:

"Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, and trial preparation, as well as company and medical research, gathering competitive intelligence, finding expert witnesses, and fact checking of all kinds."

While such tools may not provide the level of service and specificity that expert witness referral firms provide in conducting expert searches, they can certainly be of value, especially when vetting an expert or checking facts. 

Have a few rules and repeat them often. As the CEO of an expert witness referral firm, I found myself single-mindedly focused on the task of connecting as many lawyers as possible with the finest and best experts. Yet success did not come. Why? I did not make my intentions known; it was a quiet and personal endeavor. 

Then I started communicating more. I developed a mantra and repeated it often. When colleagues, clients, and experts asked me what I wanted, what I was thinking, I always had the same three answers: 1) that we will deliver expert resumes faster to our clients, 2) that more customers will engage the expert witnesses we present, 3) that our clients will be delighted with our service. Success followed: our expert witness referral firm was named to Inc. Magazine's "Inc. 500" (now called the Inc. 5000) list of the fastest growing private companies in the U.S. an unprecedented four times.

As a lawyer on a case, what is your mantra? Are there 2-3 key points that you are trying to make, to get across to the jury? It is so easy to be distracted in a trial; the attentions are drawn away from the crux of the matter by, for example, the wiles and caprices of the opposing attorneys. You must stay focused and consistent in the face of the trials and tribulations of a legal drama. Have a few rules, or key points, and repeat them often.

Cato the Elder, a Roman Emperor, took it up as his mission that Carthage must be destroyed.  Indeed, he would end every speech in the Roman Senate with the words, "And may Carthage be destroyed." Sometimes he would even conclude his regular, personal conversations with the phrase. Everyone knew what Cato stood for. Ronald Reagan was consistent in his mantra throughout his political career: government is too big, and Communism must be destroyed. At Round Table Group, our mission is to have every lawyer call us first whenever he needs an expert witness. Lately I've even been concluding my e-mail messages with this phrase: "And may every lawyer call Round Table Group when he needs an expert message." One mantra, repeated often.

Special thanks to expert witness extraordinaire Dr. Ernest Chiado for bringing clarity to this insight.

Russ W. Rosenzweig

The California Court of Appeal, 1^st District, recently rendered a decision in Lambert v. Carneghi that could open the door for lawsuits by a litigant against their expert witness in situations where the expert's testimony harms the client's case. This would obviously have a huge impact on the ability of an expert to present unbiased testimony. Accordingly, the Forensic Expert Witness Association has filed an amicus brief with the California Supreme Court urging review of the decision.

For an in depth looking at the decision check out this summary by the law firm of Gordon and Rees LLP. Stay tuned.

Ronald Miller, over at the Maryland Injury Lawyer Blog, notes a recent Alaska Supreme Court decision holding that the financial records of an expert witness may be "discoverable and admissible" in order to demonstrate possible bias. The concern is that if an expert derives too much of his or her income from a particular side, say the plaintiff, or a specific attorney or firm, it is reasonable then to question that expert's impartiality. Lawyers in a narrow field who use the same expert repeatedly may want to utilize a variety of experts in order to avoid such an appearance.

Check out the Alaska Supreme Court holding.

Accountability

A father without a father

Has difficulty balancing.

A master without a master

Is dangerous.

We look up to our parents, our teachers, and our leaders with trust and expectation. Their responsibility is to guide us, educate us, and even make judgments on our behalf when circumstances are uncertain. Ultimately, they are to bring us to the point where we can make our own decisions, based on the wisdom they have helped us develop.

Now, you are your own person, a parent, a teacher, a leader. And you are more than that: a law firm partner is a teacher's teacher, a leader's leader, a lawyer's lawyer. You make your own decisions now, but as a partner the decision has great weight, awesome power - the power to bring about justice, or the miscarriage of justice. Usually lawyers are rigorous and methodological in all aspects of their work. According to our research, this rigor does not extend to the realm of selecting expert witnesses. Too often, we select experts without undertaking a thorough, methodical search. And yet, an expert witness can win or lose the case

Law firm partners are wise leaders, but the potential for mistakes is great, such as when selecting an expert witness -- what person can be right all the time? A simple lapse at the wrong time can cause confusion, psychological scars, even great disaster if a jury is wrongly persuaded. That is why we need a master for the master, a leader for the leaders, an expert for the experts. This prevents errors of power.  In the past even kings had wise advisors.

Every lawyer who would select an expert witness should have such assistance.  And who should this mentor be? Let us invoke not deities but pragmatism. It is experience that is the ultimate teacher.  Round Table Group connects attorneys with expert witnesses in all fields.  Round Table Group has a network of 95,000 expert witnesses. Round Table Group can connect its clients - those engaged in important litigation matters - with other experts who have "been there, done that," who have the experience to share, the knowledge to provide, to ensure that the expert witness is not a "dangerous expert witness."  [Adapted from "365 Tao."]

Russ W. Rosenzweig

Professor Paul Min is Round Table Group's Featured Expert Witness of the Month!

He represents the pinnacle of professional expert witnessing as shown by his credentials, academic accomplishments, and record of providing helpful, clear, and superior expertise in his fields to his clients.

Already well established as a leader in computer, communications and semiconductor technology, Professor Min reached out to the legal community to further develop the applications of his considerable talents. As an expert witness, he found his other professional roles benefited as well.

"I became a better engineer and a professor through my experience as an expert witness. I learned to be persuasive, patient, and understanding of others. I am a better person."

Currently an associate professor at one of the top R&D universities in his field, and a senior member of the IEEE, Professor Min is also a well published, with over 80 technical papers. He is also the holder of 9 U.S. patents. He has also been a founding CEO of Erlang Technology. Erlang is an internationally noted company with many top name customers around the world.

He joined Round Table group as an Expert Witness in April, 2001, and has since been retained through RTG on five occasions.

Round Table Group is proud to be associated with such a remarkable expert witness as Professor Min.

If you are interested in learning more about Professor Min, or any kind of expert witness, please call Round Table Group at 202 595 2000.

A world-class law firm partner knows that the formula for success = concentration * consistency * cooperation.

1) Concentration. The mind of a law firm partner has a natural tendency to slip into the memories/worries of the past or thoughts of the future. A partner rarely may be tempted to multitask, to switch back and forth between various cases, CLE, personal matters during the day. It is well documented (see, for example, "Mozart's Brain and the Fighter Pilot") that the brain is far more effective when it is single tasking and not multitasking. The mere act of checking your e-mail while engaged in an important task requires a "reboot" that is highly inefficient and does not serve the cause of justice. A partner must do his duty to the cause of justice by concentrating in a focused way on the task at hand, and not multitasking. 

2) Consistency. Know what you know, know what you don't know, and know what you stand for. The opposition will scrutinize everything a lawyer (and the expert witnesses he hires) has ever said, written, or published. Set your tasks and goals and follow them. You are a partner because you were called by society to serve the cause of justice.  Accent is on the work, not the fruits of the work. Be consistent in your thoughts and actions. 

3) Cooperation. A partner cooperates with all parties and acts as selflessly. You are working for a cause (justice) far greater than yourself and your own "needs." Be amicable, friendly towards all, and cooperative. 

In my 14 years of connecting attorneys with expert witnesses, I have seen one constant when relations breakdown between experts and clients: not enough communication. Cooperate with your experts and other parties by regularly checking in and ensuring that you are in sync with all aspects of the case.

Russ W. Rosenzweig

Intellect v. emotions for law firm partners. Your role is society as a law firm partner is critically important: in many ways the balance of justice rests upon your ability to be disciplined and focused. The mind (see the must-read book for partners, "Emotional Intelligence" by Daniel Goleman) is unsteady, impulsive, fickle. It rambles. It has no direction to follow. But you are partner and thus have a divine goal -- your direction is set there you insure that your intellect has mastery over the mind's fickle wonderings, like a parent controlling the child. A partner can have emotions, but must not be emotional. A partner can have sentiments but must not be sentimental.  Passions are good but law firm partner cannot be passionate. A partner will never lose her control: her mind will not become agitated, lest she lose the clarity of her thinking. 

Russ W. Rosenzweig

A Canadian judge is currently hearing final arguments at the inquiry of a medical doctor and expert witness who was once considered to be the leading mind in the field of pediatric pathology. Dr. Charles Smith previously testified at the inquiry that he had no formal training in the field and that this may have contributed to mistakes in numerous cases. Further admissions have indicated that he believed that his role as an expert witness was to support the prosecution's case. It is feared that numerous parents and caregivers may have been wrongly convicted in molesting or killing their children.

The full National Post story can be found here.