We are proud to present our Spring 2010 Newsletter featuring Use of an Expert with a tainted past, The necessity of properly vetting experts, Opposing Counsel a
Written by: Expert Witness Referral Expert Witness No. 1031
The U.S. government is learning this lesson in a big way with a recent case in which it obtained a strong conviction and subsequently having that conviction overturned on appeal due to its failure to disclose. This Florida federal case is against Robert L Ignasiak, Jr., a medical doctor that was found guilty of 43 of 54 felony charges including: health care fraud; unlawful dispensing of a variety of controlled substances; narcotic pain-killers including fentanyl, hydrocodone, diazepam, clonazepam, morphine, and alprazolam, the sum of which resulted in the death of two persons.
Written by: Jim Robinson
With the standard that parties should know the truthfulness of their expert’s qualifications, it is incumbent on the retaining attorney to properly vet their expert witness. Fabrications are not unusual. In a survey conducted by Avert Inc., 44% of 2.6 million resumes they checked for background accuracy reportedly contained at least some lies: 44% of applicants lied about their work histories, 41% lied about their education, and 23% falsified credentials or licenses.
Written by: Rosalie Hamilton
As is true for most professionals, your CV is a marketing tool that communicates your qualifications, expertise and image to prospective clients. As an expert witness, it is additionally a vehicle used to establish or destroy your credibility. Beyond the normal proofreading expected of any public document, examine your CV with the following questions in mind to avoid handing opposing counsel ammunition with which to discredit you and your testimony:
Dental implant restorations have been of tremendous benefit to the dental community and have become a recognized standard of care for a multitude of clinical applications for many decades. However, excessive use resulting in the removal of the existing natural dentition with a decent prognosis, in order to conveniently accommodate the design of the implant restoration, has been observed to be a more frequent occurrence. In general, patients are not advised appropriately as a part of their informed consent prior to their treatment and therefore are subject to gross negligence by their Doctor or Dentist.
A PRIVATE COMPANY Vice President of Security, 2010-2011 Responsible for the security, crisis management and loss prevention programs at 75 regional and super regional shopping centers across the country. Focused primarily on the training, emergency planning and physical security needs of the portfolio. This included the design and integration of CCTV, access control, alarms, and fire life safety systems. Counseled the organization on the issues related to outsourcing 1,500 proprietary uniformed security officers to contract. Acted as the SME (Subject Matter Expert) for all security and emergency planning efforts. Provided support to the Risk Management and Legal Departments relative to potential litigation related to Security.
From 1960 until 1993, he served as the Director of Physical Education and Athletics at The Episcopal Academy, a K-12 prep school outside of Philadelphia, Pennsylvania. His duties included the administration of 115 interscholastic teams and clubs, coached by 110 individuals. His experience includes the evaluation of athletic equipment and facilities. He served as head football, wrestling and rugby coach as well as coach of various junior teams such as, but not limited to, football, soccer, swimming, gymnastics, hockey, tennis, lacrosse, basketball, baseball and softball. He founded and directed the school's physical education program, the girls athletic program, the intramural program, the weight-training program, playgrounds and the summer day camp. He directed the camp program for over 20 years. He also served as a head counselor at a residence camp for over ten years.
Background and Professional Experience Expert No. 344 has over 25 years of fire fighting experience. He currently holds the position of Senior Fire Investigator and owner of A PRIVATE FIRE INVESTIGATIONS AND CONSULTING COMPANY. During the course of Expert No. 344’s career, he has participated in over 1,000 cause and origin investigations including, vehicle, structures, and vegetation fires. He has instructed fire service personnel in oil fire suppression tactics and also has accumulated 18 years’ experience as a solid fuel contractor and inspector and is a regular contributor to “Ask the Expert” in the field of chimney and wood stove codes and safety. Recently Expert No. 344 was selected to serve on the Technical Committee for the NFPA 211 Standards for Chimneys, Fireplaces, Vents and Solid Fuel- Burning Appliances. Expert No. 344 serves the fire investigation community as the C.C.A.I. Round Table Training Coordinator for Kern, Inyo and Mono Counties and serves on the Board of Directors for the California Conference of Arson Investigators.
"When I inquired about an expert they were attentive and responsive. I believe the expert they provided was instrumentl in the successful resolution of my client's case."Law Office of James Zito
"The Expert was first
rate. He was extremely knowledgeable about his subject and was able to pinpoint
the strengths and weaknesses of my case. "
"In addition, he always took the time to talk to me regarding his opinion and the bases thereof. I would use him again without any reservations."
Gordon J. Hauser, Esq.
Santa Ana, California
Hauser & Hauser
"Quality Experts, honest experts gave our firm a positive result for our client."
Sherman L. Lambert, Sr., Esq.
Law Offices of Sherman L. Lambert, Sr., PLLC
"Expert was honest, knowledgeable and responsive. "
Robert M.A. Nadeau, Esq.
Bedford, New Hampshire
Nadeau Legal PLLC
"Difficult expert to find. Was located and very good. "
Rick Wittmer, Esq.
Kitch Drutchas Wagner Valitutti & Sherbrook