An Expert Witness for Which, Defendant or Plaintiff?

This is an updated blog from an older article that addresses the challenges an expert witness faces when determining whether they can provide a supportive expert opinion for a potential legal client.
Jeremy Rappoport, President of RDCS LLC
Jeremy Rappoport, President of RDCS LLC
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San Diego - California - US


Nov. 9, 2012 - PRLog -- Key to the success of an expert witness is maintaining impartiality.  Expert witnesses impartiality must not be compromised, even if it means declining a case. Expert witnesses are not advocates for a defendant or plaintiff, their role is providing impartial opinions based on scientific fact, forensic evidence, due diligence, testing and other industry accepted practices.  If an expert is impartial, how is it possible some work exclusively for defendant or plaintiff cases and still retain their impartiality?

How does an expert determine whether they can assist a potential legal client without knowing the facts of the case when the attorney calls?  An experienced expert understands attorneys may not really know the technical aspects of their case.  They often sound their ideas or theories off the expert in hope of ascertaining they have a valid case or not.

Jeremy Rappoport, President and founder of Rappoport Development Consulting Services LLC is a landscape, certified arborist, horticulturist and land development expert witness and professional consultant.  In his recent blog, he updates a former article that discusses the importance of telephone screening potential legal clients.  Is the attorney knowledgeable, providing convincing facts and evidence or expounding their own theory?  The last thing a legal expert wants to have happen is working for an attorney only to discover their opinion runs counter to what the client hired them for.  

"When I began offering certified arborist, landscape, horticulture, and site development expert witness consulting services in San Diego, California, a business associate asked which “side” I worked for, the defendant or plaintiff.  He did not want to refer the incorrect potential client to me.  I was taken aback, my lack of experience had not prepared me for this question.  How could an expert work for only one side or the other without appearing as an advocate?  My answer to him was simple, I use the case facts and evidence to determine the standard of care issue in deciding to work for either a defendant or plaintiff attorney."

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Source:Jeremy Rappoport, President
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Tags:Arborist, Landscape, Horticulture, Expert Witness
Location:San Diego - California - United States
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