Swimming pool and spa expert witnesses always need to be looking out for the client's best interest!
Always "ON"
An expert witness needs to always "be on." They must be smart when gathering information for a client or a case study.
If they are posting questions in an on-line OPEN FORUM (that appears in internet search results), they can potentially compromise their integrity as an expert witness. If the client's situation ever results in legal proceedings (litigation, lawsuit, arbitration, contractor's licensing board), their credibility may be called into question. An attorney will have a field day with that!
If the expert doesn't know something, for goodness sake don't broadcast it around the globe. Worse yet, don't rely upon the free opinions of any fool with a computer.
Don't be afraid to ask for help
No matter what credentials an expert witness has, a court will not put much faith in an "expert" that solicits data, information or opinions in public forums. If something is beyond an expert's scope & personal knowledge, then they must be willing to admit that. The client should always be prepared to hire another more qualified "expert" to assist. Frequently, facets of a case study become so focuses, that specialized disciplines are required.
I hire geologists, testing labs, structural & mechanical engineers, materials scientists, etc, to assist on cases all the time. Clients are told in advance, that the assistance of additional experts may be required as the facts are revealed.
Private Communications
Care must be exercised when gathering opinions, scientific data and research materials. The specific identifiers of the client, case or location should be avoided. Telephone calls, private messages & direct emails should be used, instead of "open public forums," blogs, groups or websites.
Legal Strategy
At the point of initial contact, the expert witness must ascertain if the client is involved in a potential legal situation (or that may develop into one in the future). If litigation may result, the expert witness is best off hired by the client's attorney and NOT DIRECTLY by the client.
This has important legal consequences! When under the attorney's employment, any work the expert does under the direction of the attorney, becomes "the attorney's work product."
The attorney's work product IS NOT SUBJECT to discovery. The client may not want to disclose some or any of the expert witnesses' findings. The attorney won't have to reveal the experts findings - if the findings are not in the clients' best interest.
Internet postings & discussions are in the "public domain" and can come back to haunt the expert, because they NEVER go away.
Paolo Benedetti - Aquatic Artist, Consultant & Construction Defect Expert Witness
"Creating water as art."™
Aquatic Technology Pool and Spa
©www.aquatictechnology.com
Always "ON"
An expert witness needs to always "be on." They must be smart when gathering information for a client or a case study.
If they are posting questions in an on-line OPEN FORUM (that appears in internet search results), they can potentially compromise their integrity as an expert witness. If the client's situation ever results in legal proceedings (litigation, lawsuit, arbitration, contractor's licensing board), their credibility may be called into question. An attorney will have a field day with that!
If the expert doesn't know something, for goodness sake don't broadcast it around the globe. Worse yet, don't rely upon the free opinions of any fool with a computer.
Don't be afraid to ask for help
No matter what credentials an expert witness has, a court will not put much faith in an "expert" that solicits data, information or opinions in public forums. If something is beyond an expert's scope & personal knowledge, then they must be willing to admit that. The client should always be prepared to hire another more qualified "expert" to assist. Frequently, facets of a case study become so focuses, that specialized disciplines are required.
I hire geologists, testing labs, structural & mechanical engineers, materials scientists, etc, to assist on cases all the time. Clients are told in advance, that the assistance of additional experts may be required as the facts are revealed.
Private Communications
Care must be exercised when gathering opinions, scientific data and research materials. The specific identifiers of the client, case or location should be avoided. Telephone calls, private messages & direct emails should be used, instead of "open public forums," blogs, groups or websites.
Legal Strategy
At the point of initial contact, the expert witness must ascertain if the client is involved in a potential legal situation (or that may develop into one in the future). If litigation may result, the expert witness is best off hired by the client's attorney and NOT DIRECTLY by the client.
This has important legal consequences! When under the attorney's employment, any work the expert does under the direction of the attorney, becomes "the attorney's work product."
The attorney's work product IS NOT SUBJECT to discovery. The client may not want to disclose some or any of the expert witnesses' findings. The attorney won't have to reveal the experts findings - if the findings are not in the clients' best interest.
Internet postings & discussions are in the "public domain" and can come back to haunt the expert, because they NEVER go away.
Paolo Benedetti - Aquatic Artist, Consultant & Construction Defect Expert Witness
"Creating water as art."™
Aquatic Technology Pool and Spa
©www.aquatictechnology.com
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If you want to ask a question of Paolo Benedetti, you may email him at: info@aquatictechnology.com