Engaging Experts

Our guest, Dr. Istvan Jonyer,  is founder of Sidespin Group, an Expert software analysis and business strategy services company. He is an inventor, scientist, and entrepreneur with a focus on machine learning, AI, augmented reality, and other emerging technologies. Dr. Jonyer has a Ph.D. from the University of Texas and an MBA from Carnegie Mellon.

In this episode . . .

Not all attorneys are subject-matter experts themselves, and they may rely on their expert witnesses to get a technical overview. Our guest, Dr. Istvan Jonyer, recommends that experts use initial calls to get a feel for an engaging attorney’s potential knowledge gaps, so as not to waste a lot of time explaining, or overexplaining opinions before writing reports or developing deposition strategies. He shares an example where he spent a significant amount of time explaining the technical details of his opinion, only to realize afterward that it went over the attorney’s head.

Check out the complete discussion for topics including expert relevance, understanding when communications are privileged, and retainers.

Professor Gil Fried is the Interim Assistant Dean at the University of West Florida, where he teaches Sport Management. He is the founder of Gil Fried and Associates, a full-service risk management firm operating in the sport and fitness industries. He is a published author, and a recognized expert in stadium safety, risk management, sport finance and analytics. Professor Fried holds, a JD from Ohio State.

In this episode…

Academic achievement may be a critical aspect of expert witness’ credentials, but Professor Fried believes that there is no substitute for continuing work in your field. While he teaches, he is an active member of multiple industry associations, and conference speaker. Maintaining an industry perspective works in concert with academia; this potent combination increases an expert witness’s opportunities, credibility, and value to clients.

Listen to the complete episode for our discussion over a story approach to juries, choosing cases that match your expertise, and setting expectations

Our guest, John Lauhoff owns an industrial and construction consulting firm specializing in litigation support. He is a registered Professional Engineer and Certified Safety Professional, with over 25 years of experience. Mr. Lauhoff is a sought-after expert witness, with engagements across 21 states for both plaintiff and defendant. 

In this episode…

At the beginning of a case, expert witnesses often face a large infodump from the engaging attorney. It is important to thoroughly go over everything before beginning the report writing process; if the attorney sent it, it’s there for a reason. Mr. Lauhoff takes notes on all documentation, and brings them to trial:

I read everything that an attorney sends me; absolutely every word. [. . .] [The attorney] wants me to read it. So I read it, and I take notes on it [. . .] and I take them to any deposition that I go to. You're also permitted to take them to trial if you're going to testify; [. . .] they're not a test of memory. 

Additionally, Mr. Lauhoff talks about how opposing attorneys will try to get you rattled, the importance of tracking code changes, and the way expert witnesses can affect public policy.

Our guest, Dr. Laura Miele, is the owner of Mind Over Body Athletics, LLC, a fitness inspections and forensic consulting firm. She is an expert in facility operations, physical education, supervision, coaching, operations, emergency preparation, and more. She is a professional presenter, author and sought after expert witness with over 10 years of experience. Dr. Miele holds a PhD in psychology. 

In this episode . . .
  

One trait that all great experts have in
common is a thirst for knowledge. Even the most seasoned, experienced experts
are constantly learning. Dr. Miele recommends staying active in your field; she
does so through a combination of research, coaching, and speaking engagements.
Additionally, she advises staying current
with professional credentials, which require a current knowledgebase.  

Check out the full episode for tips on
preparing for opposing attorneys’ strategies, staying in your expert
wheelhouse, and the ingredients to a great attorney-expert partnership.  

Our guest today, Dr. Jeffrey Buckholz, owns Buckholz Traffic, a full-service traffic engineering consultation firm. He is a nationally recognized expert in traffic signal operation, timing, design, and construction. Dr. Buckholz has participated in over 200 cases with engagements including both depositions and trial work and holds a Ph.D. in civil engineering from the University of Florida. 

In this episode...

Our guest today, Dr. Jeffrey Buckholz, owns Buckholz Traffic, a full-service traffic engineering consultation firm. He is a nationally recognized expert in traffic signal operation, timing, design, and construction. Dr. Buckholz has participated in over 200 cases with engagements including both depositions and trial work and holds a Ph.D. in civil engineering from the University of Florida. 

In this episode, Dr. Buckholz addresses rebuttals to initial expert reports which can make up a significant portion of expert witnesses’ engagements. For example, when working for the defense, Dr. Buckholz suggests waiting until the opposing expert’s report is produced before he begins to work on his rebuttal report – that way he knows exactly the issues he is targeting and the client isn’t spending money for unnecessary work.

For more tips from Dr. Buckholz, listen in.

Today’s guest, David Gannaway, is a principal at Bederson LLP, a full-service accounting and auditing firm. He is a former IRS Criminal Investigation Special Agent with 20 years of experience analyzing complex accounting, financial, income tax, asset forfeiture, and money laundering transactions across multiple business sectors including construction, healthcare, entertainment, and professional services. Mr. Gannaway holds numerous certifications, including CVA, CAMS, CFE, EA, and more; and holds an MBA from Fordham University.

In this episode…

Some of the most successful expert witnesses concentrate on a specific niche. Knowing what you know, and more importantly, what you don’t know is critical when providing a reliable opinion. Mr. Gannaway recommends an extremely focused approach to expert witnessing:

"Well, the main thing is [. . .] staying in your lane, and not going outside of that [. . .] being comfortable with the area of expertise that you have and then knowing if there's anything that's changing in that area to be aware of [. . .] so that you're not making any mistakes along those lines. [W]hat you really have to focus on, is being laser-focused on the areas that you're qualified as an expert in."

Our conversation moves to researching the opposition team, simplifying reports for the audience, and getting on the same page with the engaging attorney.

Thomas McCloskey is a Litigation Consultant for The Insurance Expert Network. He has testified in over two hundred cases and is a sought-after expert for policy interpretations, insurance company operations and standards; and claims handling. Mr. McCloskey is a contributing author to several training materials including tax industry publications and courses and is a certified Chartered Property Casualty Underwriter (CPCU).

In this episode…

Whether a consulting or testifying expert witness, it is crucial to understand the underlying case. When giving testimony, or responding to the engaging attorney’s questions, a solid foundation is crucial. Our guest, insurance expert, Thomas McCloskey notes:

He continues:

Our conversation includes bringing in experts early enough, when to leave an engagement, and avoiding “customer golf.”

Our guest, Dr. David Williams, is the owner of David T. Williams and Associates, a water resources consulting firm. He holds professional engineering licenses in eleven states and certifications in hydrology, floodplain management, erosions, and sediment control, among many others. He has authored over 100 technical papers and has over forty years of experience as a consulting and testifying expert witness. Dr. Williams holds a Ph.D. from Colorado State University. 

In this episode…

While an attorney’s objective is to prevail, the expert witness’s objective is to present an accurate, uncompromised opinion. Dr. Williams removes winning from his calculus to provide an honest, reliable opinion: 

"I don't look to win (or lose) because that's not what you're supposed to do. You're not supposed to [care about] how many accolades or wins you have . . . Just explain the science behind it all so that the jury and the judge are the ones who decide who ‘wins or loses’ because you should not have a stake in it. "

This philosophy means that judges and juries find expert testimony compelling. Additional topics include a diverse approach to witnessing that includes working with plaintiffs and defendants, staying organized, and levity in the courtroom.

Our guest, Dr. Howard Maibach is a dermatologist specializing in allergic skin disorders and toxic exposure. He has served on the editorial boards of more than thirty scientific journals, and he is a member of 19 professional societies including the American Academy of Dermatology, the San Francisco Dermatological Society, and the International Commission on Occupational Health. Dr. Maibach has a Medical Degree from Tulane and is an extremely experienced and sought-after expert witness.

In this episode . . . 

Attorneys choose expert witnesses to reinforce their case, but Dr. Maibach sees an additional opportunity to promote public policy at the same time. One of his engagements impacted a Supreme Court decision:

Similarly, he chooses cases that have the largest impact. When deciding whether to accept an engagement, he considers:

Additional topics include getting worn down by opposing council, preparing using self-cross examination, and the importance of repetition.

Our guest, Dr. David Bizzak, is the president of Romualdi Davidson & Associates, a full-service forensic engineering firm. He specializes in automotive forensics including vehicle fires, defects, and property loss; and has been an expert witness for over thirty years. Additionally, he is a certified investigator for the National Association of Fire Investigators, is a registered engineer in four states, and holds a Ph.D. and MS in Mechanical Engineering from Carnegie Mellon.  

In this episode…

Newer experts benefit from mentorships and observing cases in a courtroom setting, according to our guest, Dr. David Bizzak. Watching experts communicate in front of juries is a valuable and free learning tool, as he states, "Go into a courtroom and watch somebody get tested, so you [can] see the interaction with both attorneys during direct and cross-examination, as well as the interaction with the jury, because the juries [are] making the decision."

Our conversation goes on to address niche vs. breadth of expertise, quickly assessing the merits of a case during the vetting process and bringing in experts early enough in the case to be fully effective.