Ask the Experts A moderated, interactive panel discussion with veteran experts. Basque Cultural Center South San Francisco

Transcription

1 FEBRUARY 2015 Upcoming Meeting February 11 th, 2015 Ask the Experts A moderated, interactive panel discussion with veteran experts. Basque Cultural Center South San Francisco How can the expert best network with attorneys? How do novice experts obtain & expand business leads? How much should and do veteran experts charge? How do the veterans optimize fees and collections? How do veterans develop lucrative and interesting niches in the expert witness marketplace without going outside their sandbox? How do veterans bulletproof both their CV, work products, and their opinions? What are the veterans most efficient and risk adverse business practices? What is mandatory in the veteran s engagement agreement? Join us on February 11 th at the Basque Cultural Center in South San Francisco for an interactive, moderated panel of veteran experts who find themselves in deposition and trial more often than many attorneys. Learn deposition & testimony skills, working habits with attorneys, pitfalls & tricks, abuse prevention, teaching the jury, evidence handling, report writing tips, and more! Please plan to join us. All are invited. Pre-registered FEWA Members: $50 Guests & Walk-in Members: $60 Times: Networking 6:00 p.m., Dinner & Discussion 6:30 p.m. Dinner is included with salad, entrée, and dessert. Please inform us if you prefer vegetarian options before the reservation deadline. Reservation: Please go to and click on the event calendar to register on-line, or RSVP@forensic.org. We have updated the FEWA policy to encourage prepayment as it streamlines the registration process. Prepaid members receive a reduced cost of $50. If you choose to pay at the door, please be aware the cost will be $60. Cancellations are refundable prior to the reservation deadline. Cash, Check, MasterCard, Visa, and American Express accepted.

2 It s Time to Renew Your FEWA Dues & Directory Listing! Upcoming Meetings Our chapter meetings are held every month except August and December, when we are dark. They are scheduled for the second Wednesday in the calendar month. Please check the calendar at February 11 th, 2015 Basque Cultural Center, South San Francisco Ask The Experts An Interactive Panel Discussion with Veteran Experts March 11 th, 2015 Fior D Italia, San Francisco The Role of Experts in Litigation Perception, Reality, and What Can Be Done About It. By: Karl Molineux, Esq., Partner, Merrill Nomura Molineux April 8 th, Scott s Seafood, Jack London Square Arbitration What All Experts Should Know By: Hon. Richard Flier, JD April 23 25, Westin Conference Center, San Diego FEWA 2015 ANNUAL CONFERENCE June 10 th, 2015 Basque Cultural Center, South San Francisco The Expert and The Class Action Lawsuit By: Ms. Liza Cristol-Deman, Esq., Partner, Brancart & Brancart July 7 th, 2015 Basque Cultural Center, South San Francisco Our annual TUESDAY meeting with the Bay Area Legal Nurse Consultants Online Marketing For Experts By: Sabrina Franklin, Marketing Strategist

3 January Meeting Review By: Joseph Quilici, Civil & Structural Engineering Expert, NorCal Vice President FEWA Members in Attendance Dru Anderson Materials Engineering Management Glen Balzer Sales & Marketing Expert Neal Bordinave Insurance Expert John D'Andrea Real Estate Finance Expert Pablo Daroux Acoustic Expert Don Dunning - Real Estate Expert Patricia Fischer Forensic Document Examination Expert Craig Fries Accident Reconstruction Expert Ted Horton Real Estate Development Expert Glenn Peterson Fire Protection Expert Joseph Quilici Civil & Structural Engineering Expert Benjamin Rose Data Security Expert Keith Rosenthal Forensic Photography Expert David Saldivar Property Management Expert Kam Shadan Project Management Expert Perry Tabor Structural Engineering Associate Robert Bob Tucknott Electrical Contracting Expert Mark Withrow Security Associate

4 January Meeting Review cont d FEWA members, and guests always enjoy networking at FEWA meetings Attendees at FEWA meetings increase their opportunities for business referrals FEWA meetings include selfintroductions to the group

5 Keith Rosenthal, Forensic Photography Expert, recommended cameras, equipment, and applications that are best suited for forensic experts. Keith described in detail how a forensic expert should photographically document and gather evidence at a scene of interest. FEWA experts are trained to think on their feet, be resourceful, and mentor to each other, so when January s speaker had a sudden family emergency; NorCal chapter members went into action to offer a diverse, educational, and interesting program. Patricia Fisher, Document Examination Expert not only educated the group on the expert techniques that she used in one case study to analyze the authenticity of a will and other important documents, but she gave the group key points to look for to spot elder abuse. Craig Fries, accident reconstruction, computer animation, and laser scanning expert introduced the group to the technical aspects and accuracy of the scanning process, and showed case studies of the computer animations he has prepared. Craig informed the group of the electronic memory requirements and budgetary costs of his services. Thanks to these 3 experts who stepped-up to present a diverse and informative program. Joel Halverson, Esq. has rescheduled to present his topic in October.

6 Courtesy of Michael Smith s Online Law Blog: Pronouncing "Daubert": An Important Lesson You May Not Learn in Evidence Class Last week I wrote a post on expert evidence. In doing so, I cited Daubert v. Merrell Dow Pharmaceuticals, which is the case establishing the most widely-used test for admitting experts' conclusions and opinions. While I am fairly familiar with the legal test that Daubert establishes, I realized after writing that post that I was not sure how to pronounce "Daubert." I've heard the case pronounced in a variety of ways. For intance, here the case is pronounced so it sounds like "Daw-burt" and here it's pronounced "Dow-burt. In this video the speaker notes that while he pronounces it "Daw-burt," there are those who prefer "Dawbear." He says that he hears this pronunciation from those below the Mason-Dixon line, which surprised me -- since I thought he was referring to people from Chicago. I've also heard a "Dough-burt" variation, though I could not find any Youtube examples. I remember a lot of what I learned in evidence class, but I unfortunately do not recall whether I was taught which of these varying pronunciations is correct. It is very possible that even if this was covered, it slipped my mind at the time, since the pronunciation of "Daubert" was not a top priority when it came to preparing for the exam. I decided that I would look into this issue in the event that I ever need to pronounce the name of this case in court or in conversation. Fortunately, I was able to find an authoritative source on the subject. Michael Gottesman, the attorney for the plaintiffs in the Daubert case, wrote a 1994 article in the Emory Law Journal entitled, Admissibility of Expert Testimony After Daubert: The "Prestige" Factor. (43 Emory L.J. 867). At the beginning of that article, he confronts the pronunciation of "Daubert" head on: Among the handful I've been fortunate to represent in this new capacity have been the families of Jason Daubert and Eric Schuller, the petitioners in the case that has mistakenly come to be called the Dough-bear case. My principal contribution to this Symposium is to report that the folks who brought this case to the Supreme Court pronounce their name Dow-burt - or, as some might say, exactly as it's spelled. The penchant for foreign fancies has caused many to show their expertise in French pronunciation at the expense of this all-american family. The confusion was hardly mitigated during the Supreme Court argument. The first Justice to use the name in framing a question chose dough-bear, and I faced the tricky tactical question of whether to spend my precious time (and all hope of kindly reception) correcting this judicial mispronunciation. I opted not to, and the rest of the Justices all then assumed, gallingly, that the Gallic was apropos. Let me, then, use this occasion to make amends to my clients. The family's name is not dough-bear. Whether this will (or should) affect the way people pronounce the name of the Supreme Court's opinion is, of course, another matter. Do the litigants or the Court own title to the pronunciation of the name of a Court opinion? So -- it looks like "Dow-burt" is correct. Go forth and spread the news, and don't hesitate to correct your colleagues and loved ones. But I would like to mention one final caveat that will guide my own practice. If I am ever in court and if I hear a judge pronounce the case "Daw-burt," or even "Dough-bear," I'll do my best to conform my own pronunciation to the judge's. I recommend that others do the same. Thanks Don Dunning, Real Estate Expert for sharing this with FEWA

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8 FEWA Recommended Resource List 2015 The Comprehensive Forensic Services Manual Babitsky, Mangraviti, Todd ISBN Litigation Expert Advice The Recorder 2006 Special Report Chip Rice Esq. Shartsis Friese The Expert Witness Marketing Book Hamilton ISBN 10: Writing And Defending Your Expert Report Babitsky, Mangraviti ISBN How To Excel During Depositions Babitsky, Mangraviti ISBN The Expert Witness Handbook Dan Poynter Trial Techniques Thomas Mauet ISBN Guidelines For Forensic Engineering Practice J. B. Kardon, PhD, SE ISBN The Expert Expert Douglas L. Field, Esq. ISBN

9 Northern California Chapter Past NorCal FEWA Speakers and Training Topics A Partial List Expert Mentoring Patricia Fisher, Keith Rosenthal, Craig Fries How Attorneys and Experts Can Work Together to Each Other s Benefit Martin F. Triano, Esq. How I Find and Use Diverse Experts & Do s & Don ts All Experts Should Know Tom Nolan, Esq. Liability Insurance for Experts Neal Bordenave Writing and Editing Your Expert Report Michelle Rubin WORKING WITH THE DEFENSE LAWYER- -What All Experts Need to Know Attorney John Coker, Esq. Exposing the Truth in Forensic Photography Keith Rosenthal, CEP Experts Under Fire People of Florida v. Geo. Zimmerman Hon. Ronald Del Pozzo, Santa Clara County Superior Court Judge SECURITY THREAT - What Experts Need to Know: Case Study From a Behavioral Science Perspective Michael H. Corcoran, Ph.D., Doctor of Behavioral Science Effective Collaboration Between Experts and Attorneys in High Tech Investigations and Lawsuits Stephen S Wu, Esq.- Cooke Kobrick & Wu How Jurors View Experts and their Testimony Carol Bauss, J.D., Senior Trial Consultant Veteran Panel Discussion & Testimony Skills Joint Meeting with American Association of Legal Nurse Consultants Video Analysis of Experts in Live Trial Settings Harold Justman Esq. & Andrew Cromarty, Ph.D.- Hi Tech, IP, Patent Expert What Experts Must Know About 3-D Laser Imaging Technology Ron Aarts CEO of Innovtec At Least 10 Things Experts Must Know When Searching On-Line With Google. Dr. Daniel Russell, Ph.D. - Google New California Supreme Court Decision Affects Experts Sarman Motions Peter Brewer, Esq.- Trial Attorney, Harold Justman, Esq.- Real Estate Attorney, Expert, Lecturer How Trials are Won and Juries Persuaded by Effective Graphics Christopher Ritter Focal Point Trial Graphics

10 About FEWA San Francisco Chapter Website: FEWA SERVICES: FEWA provides valuable benefits and services to our members. An administrative office responsive to members and those seeking to hire forensic consultants An annual directory provided to those seeking to retain forensic consultants, enabling selection from the membership Education through seminars, workshops, & dinner meetings designed to provide practical assistance and knowledge Training to better able members to serve the legal community Networking to expand members' circle of contacts and, thereby, opportunities Referrals BENEFITS OF MEMBERSHIP: Benefits of membership in the Forensic Expert Witness Association continue to expand as our association continues to grow. Annual Expert Witness Directory Member rate for monthly membership meeting Training videos and educational conferences Outstanding speakers on forensic subjects and materials Networking with other consultants, attorneys, potential clients Quarterly Newsletter -- with updates via as needed Forensic Library - with membership borrowing privileges World Wide Web listing World Wide Web referrals Speakers' Bureau Additional Resources:

11 Newsletter San Francisco Chapter The commentary, reports, article content, and all other aspects of this newsletter are not official beliefs or opinions of the Forensic Expert Witness Association, its editors, directors, reporters, reviewers, members, or associates and should not be relied on as such. Please send us any material that you feel would be noteworthy to the general membership for the upcoming Newsletter, such as interesting articles, announcements of upcoming events, reports of past events, case reports, rulings relating to the expert function, legislation, etc. Please send a paragraph or so to EDITOR with FEWA Newsletter in the subject line. Copyright Forensic Expert Witness Association, All rights Reserved San Francisco Ferry Building