Friday, February 12, 2010

Why Your Attorney Needs Experts

Often when your lawyer takes your case he retains an expert to assist him.There is a lot of confusion in the general public as to why your lawyer needs to spend money on an expert. As litigation becomes more complex and the need to understand it becomes even greater, the Courts have allowed the use of individuals that are able to act as Friends of the Court. This enables the expert to explain issues to the court that are beyond what a "lay" person is able to do. Some one who is a fact witness can only testify to what they observe. The Expert witness can testify to a broad range of issues within his area of expertise. A physician can testify to cause of death. An Professional Engineer can testify to the causes of failures. A Certified Public Accountant can testify to the finances involved in white color crime. The professional life of an expert can be extremely demanding. Depositions can go on for several days and the questioning can be personal and oftentimes very nasty. In order to qualify before the Court at trial the expert often is subjected to questioning as to his qualifications including collateral issues that are often very personal. This questioning usually takes place out of the presence of a jury. Once the expert is qualified he or she is given broad latitude in their testimony. While the qualification process is demanding, the ability to have an issue explained in precise understandable language, helps the Court understand the complexities of the case being tried. If your issue is valid, it helps your Attorney and you as well.

James Green is a Professional Engineer and past President of the National Academy of Forensic Engineers. He has been practicing as a Forensic Engineer for over 35 years. He can be reached at green@bikereconstruct.com

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