Engaging Experts

In this episode…

Our guest, Dr. Chuck Easttom is a professor, author, and scientist. He is an adjunct professor at Vanderbilt, where he teaches computer science and a lecturer at Georgetown. He has written 41 books on various topics about computer science and over 70 scholarly papers. He has a robust consulting business and is a sought-after expert witness. Dr. Easttom holds PhDs in Computer Science and Nanotechnology from the University of Portsmouth and Capitol Technology University respectively. He holds additional advanced degrees in Science Systems Engineering, Applied Computer Science, and Education. 

Dr. Easttom speaks on the importance of knowing where one’s expertise starts and ends: “. . . as soon as you start looking at the evidence, it should become apparent to you [whether] you're not the expert here. And ultimately, I think that's on the expert.” He elaborates that the expert’s role is to “Provide understanding to the . . . judge or jury [that] you have more knowledge than an average person.”

Additional topics include not taking it personally, explaining, “Your host is not attacking you as a human being. They're trying to win a case. . .” and perceptions based on billing practices.

In this episode…

Our guest, Professor Robert Romano is an Assistant Professor at St. John’s University in the Division of Sport Management, an adjunct professor at Columbia, and a transactional attorney in sports and entertainment. Professor Romano is a leading authority on the ethics of sports contracts, with over 20 years of teaching, writing, and advocating; and is a sought-after expert witness. He holds a JD, multiple LLMs, and a Masters’ degrees from multiple prestigious schools.

Robert advises experts to learn about a case before accepting, “I want to know more about your case. I want to know what you know what side you're on . . . If you're to defend, what is your position on this? Why are you defending this?” He also advises attorneys to make sure experts understand if a settlement is imminent, “You should have told me this beforehand, before I started . . . doing a deep dive. I think that serves the attorney’s clients.”

Additional topics include cross-examination, preparedness, and getting paid. 

Our guest, Rob Aft, is the President of Compliance Consulting, LLC, a media consulting company in Los Angeles. His clients represent the entire film industry, from prominent actors to the Directors Guild of America. Rob is a well published author in the film industry, with a focus on international distribution, and he has a great deal of experience as an expert and consultant.

In this episode…. 

Networking within his industry is the primary way in which Rob has found expert work. He mentions, “I've never marketed myself as an expert, I just happened to know a lot of people in the industry. I always make a point of meeting people, getting to know them.” Once hired, it is crucial to stay truthful and speak to what you know. Rob remarks, “…telling the truth is fundamental to being a good expert witness. You don't serve your clients’ interests by trying to be an advocate for them."

Additionally, we chatted about when to question attorneys, remaining an expert in one’s field, and the importance of enjoying your work, as Rob states, “Don't embellish. Don't teach. And have fun with it . . . enjoy those interactions.”

In this episode…

Our guest, Jon Albert, is the founder and CEO of The Albert Company, the world’s largest supplier of celebrity talent and popular music for advertising. Jon is an established expert and has been engaged in dozens of cases; particularly involving unauthorized use. 

Jon spoke about being confident as an expert, “Respect yourself and do not fear opposing counsel. . . that requires the witness to be confident in themselves as to their expertise. If they feel they are only 85% a good expert, they should not be an expert witness because that could be an embarrassing, horrible experience for them.” On preparing, he spoke about starting close to the outset of the trial, remarking, "The truth is, you can't remember things for a month.”

Additional topics include payment, the importance of always speaking truthfully, and not underestimating the opposition.

Gary Bell, is a consumer product safety consultant with special expertise in the "duty to warn" area. He led the development of ANSI Z535 standards in signage and labels. He has served on numerous standards panels and subcommittees, including for Underwriter Labs and the American Society for Testing and Materials (ATSM).

In This Episode... 

Gary Bell discussed what he refers to as the role of intangibles, "I call them the emotional balance and the role of the intangibles, the things that you're going to run into and how to keep your head straight." Being in the right mental state is crucial in the role of the expert. He remarks, "[the] expert has to play between confidence and hubris, emotion and empathy."

Additionally, we talked about the practical differences among locations. Gary states, "Attorneys prep their experts in different ways . . . a lot depends on the jurisdiction and the court that you're in.” Other topics are empathy instead of sympathy, maintaining expertise, and underestimating opposition.

Our guest, Dr. Roger Launius is the Principal of Launius Historical Services. He has worked as a historian and author for over 35 years, including as Associate Director for Collections and Curatorial Affairs at the Smithsonian Institute and as Chief Historian for NASA. He is a Fellow of numerous Aerospace and Aeronautics organizations including the AIAA and RAS and holds a Ph.D. in History from Louisiana State University. 

We chatted about preparation, “I err on the side of extreme preparedness and exhaustive research along those lines.” He is a firm believer that it is impossible to overprepare for a case or a report and that being confident in your preparation is key during cross. 

Additionally, we addressed time management, maintaining expertise, and organizing your work “. . . my first step is almost always to build some sort of a timeline, a chronology of what happened when it happened, and how it happened,” remarked Launius.

Our guest, Professor John Abraham is the Programming Director and Professor of Engineering at the University of Saint Thomas, and an Associate Research Fellow at the University of Minnesota. Professor Abraham is a Mechanical Engineer, with a focus in thermal sciences. He has published over 300 works, including books, research papers, critiques, and patents. Additionally, he is a highly sought-after expert with three decades of experience in litigation and depositions. Professor Abraham has a PhD and MS in Engineering. 

In This Episode…
Our conversation included opportunities for experts where John remarked “I've never advertised my services, but it's generally word of mouth that has brought different litigation opportunities to me . . . if you perform well. And word of mouth gets around." Opportunities come to experts who stay up on their field and maintain composure in court. John elaborates, “Clarity in your in your discussion . . . is so, so important. If you're just thinking of answers off the fly on the stand that can lead you to confusing or convoluted answers."  

Additional topics include understanding the totality of the case or matter-- not just the field of expertise; and, how experts help win over a jury, “ . . . You know, as a technical person, we like to bomb people with facts and show graphs and data, etc. . . but you need the jury to understand your facts."

Our guest, Professor Daniel Spulber, is the Elinor Hobbs Professor of International Business at the Kellogg School of Management at Northwestern University. He has taught for over thirty years. He is a top economist, having won the 2023 Antitrust Writing Award for Academic Writings on economics, and is a frequent contributor to numerous economics journals. The FTC, ITC, FCC, and many other governmental and private organizations often engage him as an expert. 

In this episode: 

Dan recounts many ways in which humility plays a role for experts and the importance of using attorneys to get a more nuanced overview of materials during preparation. "Experts may have a tendency . . . to jump to conclusions," remarks Dan, discussing data gathering before a case.  

Additional discussion topics include remaining composed under pressure and how much information to divulge during cross. Dan advises, "It's good to answer quickly, but not too quickly because you have to have time to give a coherent answer and not just go on impulse."  

Our guest, Professor David Rockstraw, is a Professor Emeritus at New Mexico State University and a Ph.D. chemical engineer who has been the Robert Davis Distinguished Professor. He is a sought-after expert in chemical engineering, forensics, IP and trade secrets, and chemical safety, among numerous other fields. He has testified in over 65 past and current legal engagements and over 30 expert consulting engagements.   

In this episode…  

During our discussion over the role of experts, David remarks, "Sometimes the cases are complicated, multi-pronged, and different experts have different responsibilities." The conversation recounts the importance of attorneys ensuring experts understand the depth and breadth of their role.   

Additionally, David spoke about the importance of maintaining expertise, questioning the engaging attorney, and mock examinations.  He advises, "Mock cross-examination is very helpful so that you know what's coming at you from the blind side." 

Our guest, Dr. Russell Froman, Esq. is the Assistant Vice President for Accessibility and Gender Equity at The University of Florida. He is the Title IX coordinator for the university and is a leading expert on accessibility-focused regulations and regulating bodies. Dr. Froman holds both a JD and an Ed D. 

In this episode... 

Our guest, Dr. Froman states, “You have to say in front of the legislation and be aware of pending legislation.” We talked about the difficulties of, and solutions to, maintaining a current understanding of rapidly changing regulations. Additionally, he offers guidance on cross “It's not about winning, it's about just communicating."

We discussed the different styles of engaging attorneys, the importance of research and the confidence that comes with adequate preparation. Dr. Froman advises, “As long as you stay in your lane of knowledge and don't try to get outside . . . because you're intimidated, it really helps you stay grounded."