Engaging Experts

In this episode... 

Dr. Stephen Cohen is the Section Chief of General Surgery at the Veteran’s Administration and Associate Professor of Surgery at VCU Health. He is a consulting expert with over three decades of experience and a board-certified surgeon. Dr. Cohen holds an MD from UCLA and an MBA from Walden University. 

While advances like telepresence (Zoom) have made expert witnessing more convenient, technology is not always a boon for experts. Since the advent of electronic medical records (EMRs), medical experts are often inundated with many thousands of pages of superfluous material, according to Dr. Cohen. This has led to a situation where professional nurse consultants are hired to weed through records, passing along only what is useful. 

Check out the entire episode for our discussion on learning from mistakes, neutrality, and getting paid. 

In this episode…

Our guest, Mr. Garth Gartrell, is the founder of StreeterWyatt Analytics, a firm specializing in executive compensation analysis, and the author of Emerging Compensation for Emerging Grown Companies. Also, he is an adjunct professor at Capital University and practices pro bono law. Mr. Gartrell holds a JD from Ohio State and an LLM from Harvard. 

Don’t overload the judge or jury, advises Mr. Gartrell. He recommends choosing and focusing on only the most salient points. Expert witnessing is a teaching experience, and it is crucial to express your opinion clearly and efficiently to your attorney, the judge, and the jury. 

Check out the complete episode for our discussion on compensation contracts, working on bench trials vs jury trials, and remote work.

In this episode…  

Today’s guest is Dr. Don Keysser, Managing Principal and Business Finance Consultant at Hanover Limited, where he specializes in business development, capital planning, financial analysis and more. Additionally, he teaches Business and Finance at the University of Minnesota, and St. Mary’s. Dr. Keysser has over 20 years in expert witnessing and holds an MBA and DBA.  

Preparation is key, and Dr. Keysser has worked with both attorneys who do a great job, and those that fall short. He recommends a proactive approach; ask for mock depositions when possible, noting that ill-prepared experts can have a profound impact on the end client.  

Check out the entire episode for our discussion on working internationally, working for both plaintiff and defendant and marketing.

In this episode…

Our guest, Nancy Ortmeyer Kuhn, is a Schulman Rogers shareholder, and she specializes in tax controversies and tax planning. She is a practicing attorney and expert witness for a range of topics including non-profit governance, charitable conservation easements, and general tax issues. Ms. Kuhn is a published author and holds an LLM from the University of Denver.

“Communication is key,” according to Ms. Kuhn. Whether good or bad, having an open dialogue between an expert and an attorney is the foundation of a successful engagement. That said, she also notes that attorneys are extremely busy and may not always have time for extended conversations. 

Check out the entire episode for our discussion on settlements, finding meaning in expert witnessing, and representing nonprofits.

In this episode… 

Our guest, J.W. Verret teaches Corporate Securities Law and Financial Accounting at George Mason Law School. Additionally, he is a published author, practicing attorney, and sought-after expert witness specializing in securities and corporate litigation, forensic accounting, and fraud examination. Professor Verret holds a J.D. and master’s degree from Harvard.

Professor Verret advises responding to potential engagements within an hour. Even if you are the ideal expert for a matter, attorneys will reach out to other qualified candidates, and it is a race to respond first. Promptness is a virtue for expert witnesses—and that extends to the vetting process. 

Check out the entire episode for our discussion on mentors, lining up your credentials, and AI writing tools. 

In this episode… 

Our guest, J. Mark Landrum, is the Managing Director at SOCOTEC, a TEC (testing, inspecting, and certification) firm for construction and infrastructure projects, and the owner of James Square Energy Advisors. He is a process and facilities engineering and project management expert with over three decades of experience. Mr. Landrum holds a B.S. in chemical engineering from Texas A&M University. 

Having other qualified experts to rely on can be a boon, according to Mr. Landrum. Whether you need a second set of eyes to look over your work, or an expert in a slightly different niche to aid you, bringing in your own team is a viable option. When doing so, it is important to set expectations and rates in the engagement contract. 

Check out the full episode for our discussion on time management, mock depositions, and working as an expert on arbitration actions. 

In this episode… 
Today’s guest, Mr. David L. Simon is the founder and president of Simon Brothers Media Consulting and Advisory firm. Additionally, he is on the board of directors for Fan Film Limited, where he has produced documentaries for film and television. Mr. Simon is a sought-after expert witness with over twenty years of experience in entertainment litigation matters.  

Keeping a record of everything you publish, including interviews, is the best way to avoid situations where your own words are used against you in court, according to Mr. Simon. His hard drive and cloud are “bursting at the seams,” organized with the contents of his long career in entertainment. Even when you take a consistent position on a topic, being able to refer is a boon, because the opposing side will certainly be looking. 

Check out the entire episode for our discussion on keeping up in a dynamic field, giving the neutral truth, and working on a team.

In this episode…

Today’s episode is a panel discussion on the Expert-Attorney relationship. Our panelists are Professor Marom Bikson and Mr. George Reis.  

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. 

George Reis, owner of Imaging Forensics, a forensic analysis firm specializing in media including video, digital images, and photographs. He is a sought-after expert that has testified approximately 90 times, including over 50 times in court. Additionally, Mr. Reis is the author of Photoshop for Forensics Experts. 

Attorneys assess expert witnesses on several factors before hiring, and experts do the same. A great relationship is the intersection of compatible styles, mutual respect, and open, honest, and frequent communication. Each attorney and every case is different, making patience and flexibility key attributes for a successful engagement. 

Check out the full episode for our discussion on spotting red flags, staying proactive during the case, and trial team dynamics.  

In this episode… 

Our guest, Professor Stephen Diamond, is an Associate Professor of Law at Santa Clara University and an expert witness for law firms on a wide range of business and governance issues. He is a published author, researcher, and recipient of an SSRC MacArthur Foundation Fellowship in International Peace and Security. Professor Diamond holds a JD from Yale and a PhD in Political Science from the University of London.

According to Professor Diamond, having a great deal of expertise does not necessarily correspond to being a great testifying expert witness. The ability to use your knowledge and experience to research and opine upon the specifics of the case’s unique fact pattern differentiates the two, which comes with experience. 

Check out the entire episode for our discussion on encouragement from attorneys, when to say “no” to engagements, and the importance of frank conversations. 

In this episode… 

Our guest, Dr. John Stanton, is a Professor of Food Marketing at St. Joseph’s University and a sought-after expert witness in food marketing and product development, advertising, and sales. He is in the European Retail Association’s and Private Label Manufacturers’ halls of fame. Dr. Stanton is a frequent conference speaker. He has a Ph.D. in Quantitative Methods and Marketing from St. Joseph’s University. 

Staying engaged in your field through work or academia is important, according to Dr. Stanton. He notes that when expert witness work is not your primary career, it is easier to say “no” to engagements you aren’t an excellent fit for, which is essential in maintaining credibility. 

Check out the entire episode discussing not taking anything personally, reasonable fees, and the ramifications of being published.