In any case where the subject matter at issue is considered particularly complex or scientific in nature, an expert witness will be needed to effectively explain the information to the fact finder. In some instances, the services of a non-testifying expert may be used for consultative advice. Either way, finding the right expert for a case can seem daunting. Below is a guide to finding an expert that advances your case theory and trial strategy, and hopefully, increases the chances of a favorable outcome. Are you looking for an expert witness? The Expert Institute can help. Click here to connect with a highly credentialed expert in any discipline.Research the Subject Matter FirstIf an attorney is handling a case that requires expert testimony, it may seem tempting to let the expert take the reigns in some respects. However, in order to properly search for and vet an expert, it is important for the attorney to be familiarized with the material. In order to make an informed decision, an attorney needs to know what he is looking for and must be able to hold a conversation with the potential expert about his intended case strategy. If an attorney has no idea about what the subject matter involves or what the necessary research and preparation of the expert testimony entails, it is more likely that the chosen expert might not be a perfect fit for the case. Secondly, by familiarizing oneself with the subject matter, i.e., through reading peer review publications, digests, or articles geared towards the practice area, an attorney will have a better idea of where to find an appropriate expert. Use Multiple Resources to Find an ExpertOn the same note as the above point, it is important to look for an expert in the right places. Journals, periodicals, trade association websites, and university publications related to the area of expertise are all great resources for finding potential experts while also staying informed on the subject matter. Expert consultant firms like The Expert Institute are a very reliable way to connect with an expert witness tailored to your case’s particular needs, since they will have access to the latest tools as well as professional researchers. Lastly, word-of-mouth referrals from colleagues that offer you their first-hand experience can be an excellent tool in evaluating a potential expert. Thoroughly Vet Your Expert’s QualificationsThere are many things to consider in evaluating potential experts, but first and foremost, they should possess the requisite education, training, skill, knowledge, and experience to be considered proficient in their respective fields. An expert’s credentials are also largely dependent upon their specific practice area – formal academic training may not be as important as real-world experience in certain instances. Reviewing an expert’s curriculum vitae is a start, but if available, you should also review any past work of the expert, such as written publications, studies, experiments, or even past trial records. In addition, it is never too early to consider the importance of your expert successfully withstanding a Daubert challenge, which is when the opposing party seeks to exclude the testimony of an expert witness that is unreliable or irrelevant to the facts at issue. When deciding whether to admit the expert’s testimony, the Court will consider a non-exhaustive list of factors enumerated in the seminal Supreme Court decision, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Because the exclusion of an expert’s testimony can be disastrous for a case, it is important to keep the possibility of a Daubert challenge in mind when evaluating a potential expert. Ask About Potential ConflictsSimilar to the threat of a Daubert challenge, you also want to ensure that any potential experts do not present any conflicts of interest that may potentially disqualify their testimony. An expert’s testimony may be disqualified for substantive reasons, for example, if the science behind the expert opinion is considered novel and untested. An expert may also be disqualified due to conflicts of interest stemming from previous relationships, such as the expert having been previously employed by or hired as an expert for the opposing party. Any potential conflicts should be openly discussed with the expert prior to engagement. Evaluate Your Expert’s DemeanorWhile obtaining a qualified, experienced, and knowledgeable expert free of conflicts is certainly the goal, it is only half the battle. If you are planning for your expert to testify in court, the expert should possess a number of valuable qualities beyond intellectual capacity, such as oratory skills. First, it is important to find an expert who not only has a strong grasp of the material but also is able to relay that information to a jury in a cohesive, straightforward, and clear manner. Generally, experts that use overly technical or superfluous language do not perform well with juries. The point is for the expert to break down technical information in a concise and easy to understand way, not for the expert to merely showcase his breadth of knowledge. Whenever possible, an expert should strive to speak in layman’s terms. Likewise, the use of everyday analogies or relatable anecdotes in explaining the material can work wonders for a jury. On the same note, an expert should appear personable and trustworthy. While these qualities are relative to a certain extent, it is important that the expert exhibits basic etiquette, such as making eye contact when speaking, maintaining proper posture and body language, and not interrupting others. During cross examination, an expert may become more adversarial with opposing counsel, especially if the expert feels as though his or her opinion or work is being attacked. However, generally speaking, a combative expert does not do any favors for your case. On the contrary, an expert should be able to maintain composure when confronting the opposing party. In order to get a sense of your potential expert’s demeanor, engage in face-to-face communications as often as possible prior to entering into a retainer agreement. Some experts may even have video recordings of their depositions or trial testimony, which is an invaluable tool in evaluating the expert’s speaking abilities. Engage The Expert As Soon As PossibleOnly after you are sure that your expert meets all of your criteria, it is a good idea to engage them sooner rather than later. An expert that is engaged not long after the inception of the case can provide innumerable benefits throughout litigation. Particularly during the discovery stage, an expert can help in identifying important materials to request, issues to investigate, and individuals to depose. In addition, the experts will have more time to conduct any necessary research and develop their opinions. Overall, it may seem overwhelming to find an expert, particularly if it is a practice area in which you are not well versed. But by approaching your search step-by-step, you are likely to find an expert perfectly suited for your case’s needs. The post Best Practices for Finding Expert Witnesses appeared first on The Expert Institute. from https://www.theexpertinstitute.com/finding-expert-witnesses-best-practices-and-pitfalls/
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It has been more than four years since the tragedy at Sandy Hook Elementary School in which 20 children and 6 adults were killed by an outside attacker. Given the scope of this event as well as the national and worldwide attention focused on school safety in its wake, one would assume that the years that followed have afforded schools the opportunity to solve the school safety crises facing our most precious and vulnerable citizens. The disappointing truth is that most American schools have not made substantive changes toward a comprehensive, all-hazards approach to school safety that is based in evidence, best practices, and a truly pro-active commitment to prevent violence and make our schools safe and supportive for all learners. Although this work must be championed and led by educators, attorneys, insurance companies and others that provide guidance to educators in the realm of school safety have a critical role to play in moving school safety improvement efforts forward. Such an expansive and wide-ranging notion of school safety is a big “ask” of educators who are inundated with significant concerns about improving student performance, upgrading curriculum, evaluating teacher effectiveness, operating with minimal financial support – the list goes on and on. The failure point for school safety is not always a lack of time, priority, money, or commitment (although that is true in many situations). The main reason that our schools generally have not made great safety progress since the Sandy Hook incident is because we are undertaking school safety in a way that is wholly reactionary. Any attorney or risk-management professional will agree that an ounce of prevention is worth a pound (or more) of cure, but educators who are already over-burdened, under-resourced, and assessed within a inch of their lives, often cannot space even half of an ounce. A Lack of Planning: Proactiveness is Reactiveness in DisguiseSchool leaders pride themselves on being “proactive” when it comes to academic, financial, or community relations concerns, yet when it comes to the life and death issues of school safety, leaders find themselves immersed in what organizational leadership expert, Peter Senge calls “the illusion of taking charge” (Senge, 1994, p. 20). The emphasis on preparing a response to a violent event while virtually ignoring a variety of highly effective prevention and intervention strategies, such as threat assessment management, truly embodies what Senge defines as proactiveness being reactiveness in disguise. While preparing for what should be done after the destruction starts, and ignoring what could be done to prevent or minimize the impact of the event in the first place, we continue to react but not act. Senge maintains that “true proactiveness comes from seeing how we contribute to our own problems…”(1994, p. 21) – in this case, looking critically at a school’s daily practices, procedures, and training rather than buying things like surveillance cameras or door barricades that we hope will help once the violence occurs. This reactiveness disguised as proactiveness presents another fatal flaw: schools spend their time and resources, preparing for an event that is extremely unlikely (statistically speaking) such as an active shooter, while less “dangerous” but much more likely events like severe weather, bomb threats, or assaults are totally ignored. The legal requirements for crisis planning vary widely from state to state, and what is required of public schools is different from what is required of independent or private schools. Broadly speaking however, courts require that the conduct and policies of the school must be ‘reasonable’ under the circumstances. It is clearly unreasonable for a school or school district to neglect to plan for the crisis events that we know will occur. Well-reasoned policies that make a good faith attempt to keep kids safe at school, will not only have a positive impact on school safety, but will diminish a school’s legal liability. Therefore, improvement in the area of emergency operations planning serves these twin aims. Neglecting, or delaying addressing these obligations can leave a school open to incredible levels of legal liability. It is important that the ‘perfect’ not become the enemy of the ‘good – ’ a crisis plan can be incrementally improved and updated- it need not be perfect to protect life and diminish liability. Hey Big SpenderWhile most schools boast some security measures such as door locking mechanisms, buzzer systems, or surveillance cameras, the real million-dollar question is whether even a dime has been spent on training school stakeholders on how to effectively use the hardware that is purchased. Could at least some of the money being spent on buying “stuff” be better spent on training staff and students? Wouldn’t this serve as a preventive measure for upcoming threats and a fruitful investment to save their lives in the event of a potential crisis? The Biggest Bang for The Safety BuckEnsuring the safety of students is the primary mission of all educators. Yet sadly, it is also an area where educators feel largely unprepared or have received little training. Past violent events indicate that teachers and students will be the ones who will need to know how to respond to crisis incidents. Research shows that “civilians often [had] to make life and death decisions…” (Blair, 2014, p.8). This report by the Federal Bureau of Investigation then went on to recommend that school stakeholders “should be engaged in training and discussions on decisions they may face” (Blair, 2014, p.8). To what extent is this occurring appropriately in schools? While having a law enforcement or security presence in schools or adding enhancements to the facility itself is a great supplementary measure, adequate resources of time and money should be allocated first and foremost for the training and empowerment of school stakeholders. For just a fraction of the cost of any of these reactive measures, every staff member, student, and parent in a school or district could be trained and empowered in proactive prevention and response measures for responding to threats ranging from an active shooter, to a severe weather event, to a medical emergency. Not all Training is Created EqualThe type and quality of the training is also crucial. School safety training should empower, not intimidate. It should come from an educational perspective rather than law enforcement. If we are asking staff and students to make life or death decisions, it is critical that the training we give them understands and acknowledges the unique characteristics, constraints, and developmental needs of an educational setting. A “one size fits all” training, focusing only on an active shooter or violent intruder response, from a purely law enforcement perspective, does not meet these needs. Students, staff, and parents will have greater peace of mind if they have been appropriately empowered, trained, and practiced in evacuation, barricade, and a host of other response procedures that will assist them in saving their own lives, rather than relying on a piece of hardware sitting in a classroom or a security officer standing in the hallway. Let’s spend money on training people and equipping them with skills and competencies rather than buying equipment. So What Should we be Doing?Becoming proactive rather than reactive requires that schools engage in an uncomfortable self-assessment of several problematic areas, the first of which centers around schools that are still utilizing a traditional lockdown procedure for active shooter response (lock the door, hide out, wait for law enforcement). In June 2013, the Department of Education and FEMA released updated guidelines for best practices in schools that incorporate rapid evacuation and barricading as response capabilities. Unfortunately in many schools, a lack of awareness and training has resulted in staff and students who do not how to use these options, incurring additional liability for the district. Another problem is the lack of threat assessment procedures in the vast majority of schools. According to the U.S. Department of Education, one of the most useful tools a school can develop is a multidisciplinary threat assessment team. Threat assessment is a means by which educators can identify students who are at risk for violence against themselves or others, assess the level of risk, and develop appropriate supports and interventions. Most importantly, threat assessment is an effective violence prevention measure that examines threats of all kinds, not just an active shooter situation. Many school districts do not have an accurate picture of the current level of safety and security within each building. A vulnerability assessment identifies potential deficiencies and generates recommendations for improvement. An effective vulnerability assessment comes from multiple perspectives – educational, legal, emergency response – not just a security point of view – and should include an intruder assessment, a policy review, a mitigation plan, and a leadership team de-briefing. Finally, there is the “step-child” of school safety – a formalized, updated plan for parent reunification. In the immediate aftermath of a crisis event, the primary responsibility of the school is to ensure the safe and timely return of students to their parents. A plan for parent reunification cannot be developed “on the fly” in the emotional post-crisis chaos. Proactive best practices serve important functions in addition to the preservation of life and property. School decision-makers have a legal obligation to ensure adequate disaster safety planning and precautions. Neglecting this obligation leaves school leaders open to personal and systemic liability for damages, injuries, and deaths that occur at the school. However, meeting state minimum legal requirements often isn’t enough to adequately shield a district from liability, and certainly isn’t enough to fulfill the moral and ethical obligation that educators have to the students in their care. Engaging in proactive crisis planning and training increases legal protections from liability and can be used to defend the district if litigation follows a crisis event. Perhaps most importantly, the school has a moral and legal responsibility to care for students in a crisis event when parents cannot. The post How Safe are Our Schools? A Potentially Uncomfortable Self-Assessment appeared first on The Expert Institute. from https://www.theexpertinstitute.com/safe-schools-potentially-uncomfortable-self-assessment/
Top 40 Logo Design blogs
The Best Logo Design blogs from thousands of top Logo Design blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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Top 75 Glass Art blogs
The Best Glass Art blogs from thousands of top Glass Art blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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Top 50 Dental Implant blogs
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Top 40 Fantasy Book blogs
The Best Fantasy Book blogs from thousands of top Fantasy Book blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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Top 30 Work Fashion blogs
The Best Work Fashion blogs from thousands of top Work Fashion blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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Top 50 Ultra Running blogs
The Best Ultra Running blogs from thousands of top Ultra Running blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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Top 50 Horror Movie blogs
The Best Horror Movie blogs from thousands of top Horror Movie blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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Top 100 Bipolar Disorder blogs
The Best Bipolar Disorder blogs from thousands of top Bipolar Disorder blogs in our index using search and social metrics. Data will be refreshed once a week. These blogs are ranked based on following criteria
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AuthorHello this is Kirk Gibson I'm 25 years old living Austin, TX. I spend most of my time reading about legal stuff. I like to educate myself about law of the land. Archives
November 2017
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