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WHAT
DOES A LITIGATION CONSULTANT DO?
One of the most important aspects of our work, here
at NAES, is the discussions with lawyers, insurance
companies and others interested in common standards
of job performance in the horse industry. These would
include proof that the consultant is using methods
acceptable in the industry, proving that he or she
has a deep understanding of all elements involved
in the case.
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There
are two types of case experts: Consulting and Testifying
CONSULTING
The first is the "Consulting Expert" who is asked
to asked to explain the horse-related factors involved in
a specific case. These factors can often influence the eventual
outcome. Consideration of all the related areas of liability
can aid in the development of your case. The consulting
expert is not expected to testify at trial and therefore
can be extremely candid with his client because his work
product will never be disclosed to the opposing side.
When
looking for a "equine expert," either consulting
or testifying, it is important to find an individual that
has a broad background in the specific areas of your interest,
(IE, training, sales, commissions, trail rides, horse showing,
judging, etc).
By
the way, it’s not necessary that the chosen "expert"
have a huge law background, but rather a large horse background.
Since courts often look at an expert as a "teacher,"
the person should impress you with how well they comprehend
the set of circumstances.
TESTIFYING AT DEPOSITION AND TRIAL
The testifying "expert", like the Consulting Expert
reviews the facts but will be expected to testify at deposition
and at trial. Therefore all the research and correspondence
performed by this Testifying Expert is discoverable by the
opposing side.
The testifying expert must be absolutely unflappable under
potential cross examination; (These people are not easily
found!).
As
an interested client, insurance or legal specialist, you
must be a true detective in expert determination.
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SERVICES
PROVIDED BY NAES
Review of testimony and exhibits from witness depositions.
Review of cases from retaining counsel.
Preparation
of rebuttal questions.
Candid explanation to counsel on case merits or lack
thereof.
Case files stored indefinitely in climate controlled
conditions.
Provide either verbal or written expert opinions.
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SETTLEMENT SERVICES
Farm operations and appraisals.
Review of opposing valuations and appraisals.
Certified Equine Appraisals (multi-breed and performance
disciplines).
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NON-LAWYER CLIENT RESPONSIBILITIES
Having what you, the client, think is a very winnable
horse case relies on how much complete and accurate
information you provide your attorney.
- Either
by computer or longhand you must record everything
that occurs relative to your case.
- Conversations, dates and exact times, witnesses
with addresses and phone numbers all need to be
written down.
- Your attorney will eventually wish to speak
to your witnesses if possible. |
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As
time goes by you will forget important facts unless
you write them down. In addition, many states will allow
you to refer to your extemporaneous notes as evidence.
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-
Your case synopsis should be in large (14 point)
bold faced type and double space the lines. That
will make it so much easier to review by all concerned
parties.
- Don’t ever think that your random thoughts
about your case are NOT important…always
put them in as well. |
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Good luck in your case and listen to your lawyer! Please
call Dave Johnson at 800-575-1669 for more advice.
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