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Expert Witness Profiler


Myles Levin at the Expert Witness Profiler has partnered with The American Board of Vocational Experts to offer the Expert Witness Profile at a discount to American Board of Vocational Expert members. The Expert Witness Profiler does not have an annual subscription fee and will only a charge for the type of expert profile report ordered. The ExpertWitness Profiler is built by attorneys and expert witnesses who are leading authorities on expert witness research. The Frequently Asked Questions will provide answers to questions such as cost and why an expert may want to purchase a profile report. This information will also be available on the American Board of Vocational Expert’s website.

To Register and Order a Profile visit: http://www.expertwitnessprofiler.com/abve
To Order a Screening visit: http://www.expertwitnessprofiler.com/abve-freescreeningprogram

Frequently Asked Questions

What is Expert Witness Profiler?

The Expert Witness Profiler, LLC is a company which conducts extensive studies (Profiles) of an expert witness' professional background.

The product has equal appeal to both retaining and opposing attorneys and expert witnesses themselves. Experts are ordering Profiles on themselves so that they can be better prepared to handle surprise deposition questions and to more adroitly avoid pitfalls that may result from opposing attorneys knowing unforeseen aspects of their background of which they themselves were not aware.  And, experts are ordering reports on competing experts to improve their utility as trial consultants to retaining attorneys. Opposing attorneys relish the product because of the depth and breadth of information it provides and the enhanced efficacy of their questioning of opposing experts during deposition and trial.

Myles Levin is one of the co-authors of the seminal white paper Finding and Researching Expert Witnesses, reprinted in its entirety as the first chapter of the American Bar Association book, Litigators on Experts: Strategies for Managing Expert Witnesses from Retention through Trial.

What Do You Get from Expert Witness Profile Report?

In addition to the Profile report itself, where available, the Expert Witness Profiler also provides access to expert witness transcripts, briefs (including memoranda in support of or in opposition to motions to exclude testimony), and other relevant supporting documents.

Why do I need one?

Challenges to testimony about which an expert may not be aware

Most experts have no real idea what motions and supporting documents have been filed regarding their participation in cases at trial. More often than not, they are very surprised if there has been a motion to exclude their testimony about which they were not aware. They are even more surprised if the motion to exclude their testimony was granted. Furthermore, even if their testimony was admitted at trial, there is always a possibility that an appellate court could deem their testimony to have been improperly admitted at trial and strike the expert’s testimony on appeal. The attorney who handles the appeal is often a different attorney all together than the one who retained the expert and has no obligation to inform the expert that their testimony was deemed improperly admitted. Not knowing about these potential incidences represents an obvious liability to the expert.

Inaccurate information about the expert in court records, public records, records of private and semi-public agencies

Human beings, imperfect as they are, are capable of making simple, seemingly innocuous errors that can sometimes have potentially serious consequences for the expert. Simple omission of words or misspellings in the text of legal documents like docket entries, written opinions, briefs and motions can completely misrepresent the expert’s case involvement or rulings regarding an expert’s testimony. One recent example - a docket clerk entered into a docket sheet the text “Motion to exclude expert granted.” The expert who ordered the Profile was aghast and requested EWP to order an official copy of the ruling - which proved that the clerk had made a mistake as the motion had clearly been denied. The Profile report allowed the expert to finally understand why questions about the exclusion had become prevalent in depositions and to effectively address them.

Negative, even slanderous information about the expert on the open Internet

To quote the law blog JDSupra, “If loose lips sink ships, what do they do to trials?” That is a question litigators increasingly face as blogs find their way into the courtroom. First it was jurors with blogs, and then came litigants with blogs and now the latest class of blogs to keep lawyers up at night -- expert witnesses with blogs.” (Read article by Expert Witness Profiler Advisor Robert Ambrogi). In the new wired world of blogging and social media, posts and comments by and about experts on blogs and social media sites are becoming more and more heavily scrutinized by litigators. Most experts do not have the wherewithal or time to dig deeply into this area as would a professional expert witness research company like Expert Witness Profiler.

Designation without retention

With increasing frequency, trial lawyers are taking it upon themselves to formally designate experts in their cases without formally retaining them by signing the expert’s retainer agreement or paying their retainer fee. This happens most often when an attorney has used an expert in the past and convinces himself or herself that formal retention is not truly necessary. In some states, this practice is grounds for disciplinary action and in others, it is grounds for disbarment. Regardless, not only can the expert lose revenue when victimized by this practice, but he or she can risk exposure to the indignity of being asked by the opposing counsel to complete interrogatories without any awareness of the case in question or awareness of even being designated as an expert. But just as often, these cases settle without cognizance by the expert that they were ever designated. In essence, the name of the expert was used by the attorney to imply retention, but the expert was “swindled” out of a retainer fee. A Profile gives the expert some chance of learning of these instances retrospectively and taking the necessary action to recover lost revenues (one expert learned of 11 instances where the same attorney disclosed him without retaining him).

Profiling of Experts is now more general practice and commonplace

As internet and database technology becomes more sophisticated and better-developed and as the big legal research purveyors offer expert profiling products, attorneys are now more than ever before getting information about experts, their testimonial histories and other information about their professional and personal backgrounds. To the extent the Expert Witness Profiler product is by far the most comprehensive and up-to-date product of its kind on the market today, having possession of one’s own Profile report guards against surprises that may arise in an upcoming deposition or trial. Experts would not ordinarily purchase access to legal research databases, as it would be cost-prohibitive.

Profile report’s use as a marketing tool

When a prospective client calls, being able to state affirmatively that an independent third party has prepared a Profile report endorsed by such organizations as Defense Research Institute (DRI), TrialSmith, the American Institute of CPA’s and the American Board of Vocational Experts has significant value from the standpoint of establishing credibility.

Who can order an Expert Witness Profile?

Any potential referral source can now easily order an expert witnesses’ profile pre-retention and the opposing counsel on a case in which you are retained has this same access.

What is the cost to purchase my custom Expert Witness Profile?

There are two options:

A Preliminary Profile Screening Report is free for ABVE members. Click here to get your free screening now!

Full Expert Witness Profile may be purchased for $495 (ABVE member price $450). Each Profile report takes an average of 25 hours to compile and is delivered within 10 business days. Members of ABVE will receive a forty-five dollar ($45.00) discount on the cost of the Profiles when they register on the co-branded EWP/ABVE registration page on the EWP website ("ABVE's Registrant"), and purchase a Profile. ABVE Registrants will receive the forty-five dollar ($45.00) discount even if the Profile is purchased on an Expedited, Rush, or Priority basis. (Link to Profile report sample) Click here to order a profile.

Means of payment are Visa, MasterCard, Discover and American Express.

To answer additional questions you may read the article:
Grimley, C.P., Expert Witness Profiling” An Emerging Trend (2011), The Vocational Expert, 26 (3), p. 5.

 

 

 

 

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