Engaging Experts

Our guest, Paul Andersen, is a Hazard Analysis Safety Engineer for OSHA Compliance Services and is one of the foremost experts in Cal/OSHA compliance. With over three decades of expert witness experience, he is sought after by plaintiff and defendant sides for his depth of knowledge in matters ranging from slip-and-falls to comprehensive inspections, across numerous jurisdictions and industries. 

In this episode…

Mr. Andersen’s mantra is “trust but verify.” In his line of work, rules, and standards often incorporate by reference other, ever-changing rules and standards. It is not enough to simply understand the regulatory framework to remain an expert, but also the underlying changes. Cases can turn on this, as Paul emphasizes, “Sometimes I'm involved with the case, and right away I recognize [a] standard that's no longer liable or no longer appropriate. So, you must be on your game of trust, but verify.”

Additional topics include the importance of working within a niche, storyboarding for preparation, and having a mentor.

Our guest, Professor Marom Bikson is a professor at the City College of New York, where he is the Co-Director of the Neural Engineering Group. He specializes in the effects of electricity on the human body, and his research has been published in numerous scientific journals. Additionally, Professor Bikson has been awarded multiple patents, and holds a Ph.D. in Biomedical Engineering from Case Western Reserve University.   

In this episode...  

Expertise is not an all-or-nothing proposition. There will be engagements where you have the necessary core of knowledge to form an opinion, but you may not be an expert on every facet of the case specifics. Professor Bikson notes that honest communication with the attorney during the initial call allows for a realistic assessment.

Other topics include countering intimidation tactics during cross-examination, taking your time when answering questions, and remaining flexible with the dynamic, changing nature of an engagement. 

Our guest, John Hughett is the founder of Hewitt Engineering (HTI), a full-service consulting firm for the oil and gas industry. HTI has been in operation for over thirty years and maintains a worldwide client base, including some of the world’s largest petroleum companies. Mr. Hughett has over thirty years of industry expertise and is a sought-after expert witness. 

In this episode…

Adaptability and the ability to communicate complex technical topics in a digestible manner are keys to a successful engagement as an engineering expert. Whether across state lines or continents Mr. Hughett’s clients rely not only on his expertise but his client-first approach. He states, “One of the things that I try to get through is I'm here to help you, not the other way around."

Mr. Hughett recommends that attorneys bring in experts early in the process to get the most out of an engagement to avoid missed opportunities, as he points out, “The disadvantage from their side is this: I could have helped them during the deposition by framing questions for them, which I do very regularly.”

Dr. Jill Cramer, is a board-certified neurologist, and the founder of the Roanoke Area MS Center. She is a sought-after expert witness with decades of experience. She holds an MD from Georgetown and a BS in Neurobiology from Cornell. 

In this episode . . .

Dr. Cramer points out the “nice guy” strategy during cross-examination stating, “Some of them will try to lull the expert into a sense of ‘I am just a nice person. I am on your side.'" She continues “. . . you cannot bait me . . . [I] just answer the question, give my opinion.... so that the discussion is not derailed by a super sweet or a snarky cross-examiner.”

Additional topics include cross-examiners and the importance of winning and getting experience on both sides. She offers up this advice, “Make sure that you work for the defense and plaintiff. This makes you a better-rounded witness, and it helps you to understand both sides of [cases] you are in.”

Our guest, Stanley Gibson, is a trial attorney at Jeffer Mangels Butler & Mitchell LLP, where he focuses on IP and entertainment. He has over three decades of litigation experience and engages multiple expert witnesses in most actions. Mr. Gibson holds a JD from Duke.

In this episode…

Mock examinations are key to witness preparation, according to Mr. Gibson, “. . . I will have another attorney at my firm play the other side and do cross-examination for my expert, so they're not used to the person.” He continues “. . . I think that process is very important to get the expert prepared properly. You want to make sure they are going to defend their opinion, and that they understand the best ways to do that.”

Other topics include ethics, confidentiality, and the vetting process.  Stan emphasizes,  “[I look for] someone who communicates well and is going to do a good job in testifying in front of the jury. [They should] be a good teacher and be clear and precise in what they are saying. I also think it is important that you like the expert you are working with.”

Our guest, Stephen Embry, is a lawyer and the Past Chair of Law Practice Division of American Bar Association. His blog, TechLaw Crossroads, investigates the tension between innovation and the legal profession. Mr. Embry’s practice frequently engages experts across multiple disciplines and locations.  

In this episode…

According to Mr. Embry, the best experts are relatable, as he explains, “[being] likable and communicative and empathetic comes through. . . with me as the lawyer and it shows the jury that this person likes doing what they're doing.” He continues, “A good expert cultivates being an interesting person . . . in the sense of being out in the world [and] knowing what's going on”.

Other topics include the vetting process, collaboration and boundaries, and credibility. Stephen mentions, “If you have to admit something in a deposition, admit it . . .  Don't spend your time fighting something that that's not worth fighting over [because] you lose credibility. The most important thing for an expert is to be credible.”

Our guest, Dr. Elliot Fishman, is the founder and CEO of Astrina, Inc., an economist, and a sought-after expert witness. Dr. Fishman holds advanced degrees including an MBA from Wharton and a PhD from the University of Pennsylvania.  

In this episode . . . 

As a former finance professor and partner of a private equity fund, Dr. Fishman offers discerning opinions reflecting a unique combination of financial theory and customary industry practice. He’s worked on very big cases starting with a derivative to the $83 billion Madoff securities fraud. He recounts how he was brought in to review an earlier expert witness report on the Madoff-related case, stating, “I put on my college professor’s hat and found some issues with how the report was read. I suggested a different way of looking at it.” He elaborates, “ . . . even though they [previous experts] came from big firms, they could not look at it the same way I was able to as both a college professor and having practiced on the street portfolio. Economics is not merely an accounting exercise. It is not merely a corporate finance exercise. You need to understand how the securities are issued, to whom they are issued, and how they are issued to apply the appropriate discounts."

Other topics include preparation, staying current in your field of expertise, when to say “no” to a case and how to present yourself as an expert in the best manner. When asked for any advice to new experts, he states, “Yes, something comes to mind with that question and that is to persevere . . . You are going to have many setbacks and many detractors early on in your career, and you are going to get passed over for many assignments where you think you are qualified. Keep your name out there, do good work, and do some pro bono work. If it gets your name in circulation, it is all worthwhile.” 

Our guest, Dr. Hervey Segall, is a Professor Emeritus of Radiology for the University of Southern California. He maintains a full-time teleradiology practice and is an expert in multiple fields, including pediatric neuroradiology. Dr. Segall holds an M.D. from the University of British Columbia.

In this episode . . . 

We sat down with Dr. Hervey Segall, a radiology expert. Topics in this episode include maintaining expertise, ethics, and research. Dr. Segall recommends a simple solution when conducting research and maintaining expertise. He states, “There's nothing more helpful than Google. Anything you want to know . . . just go to the web.” He adds, “You have to maintain a curiosity [and] continue to educate yourself and grow. There are a lot of people who do the minimum . . . but I like to go beyond that to be a real expert in everything that I do.”

Terry Stroud, MBA is a Co-Founder and Chief Executive Officer at Opportunity Group, a full-service consulting and business advisory firm. Mr. Stroud has worked for the United States Treasury as a National Bank Examiner, and a financial consultant, and has decades of experience as an expert.

In this episode . . . 

Our guest, Terry Stroud, is one of the co-founders of Opportunity Group and serves as the Chief Executive Officer for the firm. In this episode, he highlights how preparation is the key to a successful engagement according. He states, “You've got to be prepared. Study your notes, study everything that the lawyers have given you, all pleadings, all depositions, every document.” A back-and-forth approach further aids in preparation.

Other topics include vetting engagements, staying current, and ethics as he explains, “I cannot determine the guilt or innocence of anyone. Here are the facts. The person who decides the innocence or guilt is the judge or the jury. Not me.”

Our guest, Michael Primeau, is the owner of Primeau Forensics, a firm specializing in the enhancement, authentication, and recovery of audio, video, and images, and has over eight years of experience as an expert witness.

In this episode…

Mr. Primeau believes it’s important to only answer what is asked, “I've learned over the years that you never want to . . . try to follow where the attorney is going, whether that be on direct or cross. You want to just answer the question.” Furthermore, he states that a good attorney can provide cover to minor mistakes “. . .the attorney that has retained us is going to clean that up on redirect; you don't have to necessarily worry about [small mistakes]”.

Additional topics include preparation, ethics, and report writing, as Michael states, “We don't let our clients influence opinions. But the way things read; we can.”