by Sterling Anthony, CPP, expert witness, packaging, warnings, patent infringement, cargo loading & securement, insurance claims
A packaging expert witness is responsible for the delivery of services, such as consulting, analysis, site inspection, testing, opining, reporting, and testifying. By responsible is meant an obligation to practice decision-making and control and to be accountable for results. Having credentials and ethics are necessary but not sufficient for the delivery of competent services to the attorney. An expert also needs to be responsive, demonstrating the ability to respond quickly, especially under deadlines; however, the quick response should not be at the sacrifice of quality.
Sometimes an expert will be retained late in the game, for example, after the attorney has failed to obtain an anticipated settlement and soon has to disclose an expert, and perhaps, that expert’s expected topics of testimony, should the case go to trial. The attorney will inform the expert about the timetable and perhaps offer an apology or two. At that point, the expert should not accept the case UNLESS the expert is positive of being able to give the case the requisite priority. An expert’s reluctance to decline a plausible case is understandable, in that every expert desires a sustaining caseload; however, the truly professional expert devotes whatever levels of time and resources that are necessary.
Even under less harried conditions, the expert should proactively exercise time management practices. Every time an expert receives case materials from the attorney, the expert should send an acknowledgement. That’s not just a courtesy; it starts the clock ticking. Even if the attorney’s cover letter open-endedly says, “Please contact me after your review,” the expert should not take inordinately long. An attorney, aware of the volume of materials sent, has an idea——even if unexpressed——of what constitutes a reasonable time for review, and, therefore, will be impressed if the expert delivers before then.
When the need for review is on the part of the attorney, the expert has another opportunity to score points. A prime example is the Expert Report. An attorney appreciates the convenience of receiving the report in ample time to: review; suggest revisions; have them made; and, review again. It’s not unusual for there to be more than one round of that sequence; therefore, an expert should submit the report accordingly.
Any type of report submitted by an opposing expert might require a response; and, not to file one could result in a strategic disadvantage. Under that scenario, an expert should: analyze the report; formulate opinions; discuss them with the attorney; and, write a rebuttal. After that, the aforementioned review/revision/review sequence tacks on more time. An experienced expert will prove equal to the task.
Another area of services in which an expert should be time-conscientious is that of testing. An expert experienced in the type of case at issue would know at the onset if testing is needed and would have a reliable idea of the type. Communicating that information to the attorney allows for effective scheduling, thereby avoiding a situation wherein neither the testing can be conducted nor the results ascertained in time for the intended use.
More examples should not be necessary to make the main point: there is a time element, of varying urgency, to much of what an expert does, giving the expert repeated opportunities to build on a reputation for on-time delivery.
Sterling Anthony, CPP, is a consultant to the industrial, institutional, and government sectors and an expert to the legal community. He is a former manager at Fortune 100 companies and a former instructor at two major universities. His contact information is: 100 Renaissance Center-Box 43176, Detroit, MI 48243; (office) 313-531-1875; (cell) 313-623-0522; (fax) 313-531-1972; thepackagingexpertwitness@gmail; www.thepackagingexpertwitness.com