(The only thread on this is seven years old, so here we are.)
Has anyone actually done this? With good results, or otherwise?
I ask because I've been contacted by a local attorney seeking expertise on a topic in my dissertation. Sounds like fun, actually. But a quick search finds this guy has worked for a notorious property owner, and been sanctioned by the state bar in another matter.
That probably means my answer will be no. Regardless, I'm wondering if anyone has experience in this.
Yes ... I served one time as an expert witness and testified in court for about 3-hours. The case was only tangentially related to professional practice (I can't really reveal any more w/o potentially violating confidentially). My participation was well suited to my own particular expertise and I found the process very interesting. I spent about 20 hours preparing during the three weeks prior to my testimony. I was well prepared for my testimony; opposing counsel didn't have a clue how to cross examine me and my client won the case going away.
It was a fascinating process and I would do it again.
worked for years for someone who does it and I've been on the "stand" in arbitration before....real good money (lawyer rates) but you better think and speak like a lawyer.
I did it once, asked basically to inform an arbitration panel on how CA obligations in the AIA contract language ordinarily play out in the real world. Good pay, terrible conference room, the attorneys were awful to each other but nothing that I said was really contested. If your guy is expected to be shady you should probably work out a retainer agreement.
Did throughout my career, like working WITH attorneys, need credentials to make money at it, also look into being an arbitrator with The American Arbitration Association, good paying gig... the only place I know where you can screw over contractors and get paid for it.
Yes... a lot of it throughout my career and even enough to support a small business where it was about 80% of my billings.
Most of that market though is now lost to engineers and testing agencies. Apparently, architects are no longer master builders, but just make things pretty. Just think if your client is looking for an exterior commissioning agent; 95% of the time, that is a engineering firm without any architects on staff. Insurance and litigation went that way too.
I usually vetted the case first. I didn't take on 'slip and fall' unless there was something seriously wrong with the construction instead of just stupidity. Example is a fall due to finish nails on a rail that in no way meets the horizontal forces for rails resulting in death is something I'd take. Didn't take someone tripping over a 1" heave in a sidewalk or variance in exterior steps.
And in our State, you also need to issue a "certificate of merit" basically stating you think there is a case. I used Standard of Care, which is not perfection and allows for mistakes.
Things to also avoid like the plague. Some will try to get you to write their opinions; Don't do it. If you disagree with their assessment, just tell them. Better for them to find someone that agrees with them than it is for you to continually battle them. Keep to your opinions regardless of whether they help his case or not. Do not say anything you are uncomfortable saying or supporting. Basically, follow your own ethics and morals and don't bend them just to please this kind of client; a good trial lawyer will quickly pick up on things he senses you aren't 'on board' with.
Any expert witnesses out there?
(The only thread on this is seven years old, so here we are.)
Has anyone actually done this? With good results, or otherwise?
I ask because I've been contacted by a local attorney seeking expertise on a topic in my dissertation. Sounds like fun, actually. But a quick search finds this guy has worked for a notorious property owner, and been sanctioned by the state bar in another matter.
That probably means my answer will be no. Regardless, I'm wondering if anyone has experience in this.
Yes ... I served one time as an expert witness and testified in court for about 3-hours. The case was only tangentially related to professional practice (I can't really reveal any more w/o potentially violating confidentially). My participation was well suited to my own particular expertise and I found the process very interesting. I spent about 20 hours preparing during the three weeks prior to my testimony. I was well prepared for my testimony; opposing counsel didn't have a clue how to cross examine me and my client won the case going away.
It was a fascinating process and I would do it again.
worked for years for someone who does it and I've been on the "stand" in arbitration before....real good money (lawyer rates) but you better think and speak like a lawyer.
I did it once, asked basically to inform an arbitration panel on how CA obligations in the AIA contract language ordinarily play out in the real world. Good pay, terrible conference room, the attorneys were awful to each other but nothing that I said was really contested. If your guy is expected to be shady you should probably work out a retainer agreement.
Did throughout my career, like working WITH attorneys, need credentials to make money at it, also look into being an arbitrator with The American Arbitration Association, good paying gig... the only place I know where you can screw over contractors and get paid for it.
Yes... a lot of it throughout my career and even enough to support a small business where it was about 80% of my billings.
Most of that market though is now lost to engineers and testing agencies. Apparently, architects are no longer master builders, but just make things pretty. Just think if your client is looking for an exterior commissioning agent; 95% of the time, that is a engineering firm without any architects on staff. Insurance and litigation went that way too.
Thanks, All.
I'll at least give this guy a call and hear what he has to say. Can't hurt.
I usually vetted the case first. I didn't take on 'slip and fall' unless there was something seriously wrong with the construction instead of just stupidity. Example is a fall due to finish nails on a rail that in no way meets the horizontal forces for rails resulting in death is something I'd take. Didn't take someone tripping over a 1" heave in a sidewalk or variance in exterior steps.
And in our State, you also need to issue a "certificate of merit" basically stating you think there is a case. I used Standard of Care, which is not perfection and allows for mistakes.
Things to also avoid like the plague. Some will try to get you to write their opinions; Don't do it. If you disagree with their assessment, just tell them. Better for them to find someone that agrees with them than it is for you to continually battle them. Keep to your opinions regardless of whether they help his case or not. Do not say anything you are uncomfortable saying or supporting. Basically, follow your own ethics and morals and don't bend them just to please this kind of client; a good trial lawyer will quickly pick up on things he senses you aren't 'on board' with.
Thanks a lot, mightyaa. Very helpful.
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