Contractor Forum

Expert Witness advice needed

  • 1.  Expert Witness advice needed

    Posted 10-04-2017 08:27 AM
    Hello, I have a lawyer asking me to be an expert witness. Can someone please advise me at to the issues that I don't know about yet? This is a case where I feel like the person affected has a real case (CO poisoning); I would not hop on the expert witness band wagon for any reason.

    Just curious what thing you may have learned, the things that make you say, "the next time i do this, this and that will be different"

    Thanks, Gary


    Gary Wilson, Owner
    Wilson Services, Inc.
    Northampton, MA
    413-584-3317
    gary@wilsonph.com
    www.wilsonph.com




  • 2.  RE: Expert Witness advice needed

    Posted 10-05-2017 11:59 PM
    We've had this request come through a couple of times at Parrish, so I can give you a couple of observations.

    First, you just want to make sure you can effectively serve in that capacity given the nature of the case. You want to understand what it is they want you to be able to attest to. You might even hear the details and decide there is a more appropriate resource, and that might be the best help you can offer.

    You might be worried about some animosity from the defendant. But if you're sticking to facts - their work and your expert view of that work - and you're comfortable with your ability to make an assessment, and you feel the plaintiff has a good case, why not?

    I would also recommend that you charge a "consultant level" rate for your services. There's an opportunity cost to be away from your business, and being an expert witness could entail conferences, depositions, and a trial along with all the ensuing travel time. The attorney isn't taking on the case for free, and neither should you (imho....).

    Lastly, in our state, the credentials of the expert witness had to be presented prior to trial, and the judge would rule on whether the person could serve as an 'expert.'

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    Linda Couch
    Chief Operating Officer
    Parrish Services
    Manassas VA
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  • 3.  RE: Expert Witness advice needed

    Posted 10-06-2017 08:42 PM
    Linda, thanks so much, you're always breaking out in awesomeness.

    Gary


    Gary Wilson, Owner
    Wilson Services, Inc.
    Northampton, MA
    413-584-3317
    gary@wilsonph.com
    www.wilsonph.com







  • 4.  RE: Expert Witness advice needed

    Posted 10-17-2017 08:33 AM
    the lawyer thinks it may settle, would I ask for some minimum fee?

    I don't think it's fair for the expert to get a small chump hourly fee if the lawyer get huge cut in the case if he wins

    Clearly (he is telling me via email) they need an hvac pro to proceed.

    Thanks, Gary

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    Gary Wilson
    President
    Wilson Services, Inc.
    Northampton MA
    (413) 527-3317
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