Never stop challenging yourself, and never stop learning. Knowledge and experience are key to confidence as an expert. extrapolation of seemingly insufficient facts into a credible, reliable, and supportable explanation of the cause and effect at issue. Beyond technical expertise, the forensic expert must be able to explain complex issues to laypersons – whether that be retaining counsel (first and foremost), the owner of a facility, a mediator or arbitrator, or a judge and jury. The process of explaining both the path forward and the results of forensic analysis entails the use of both verbal and written communication. The forensic analyst must have confidence in his own methods and formulated opinions, yet be objective and forthright in communicating any weaknesses in the case to the retaining counsel. The expert must be comfortable being the devil’s advocate that can walk the legal team through alternative explanations that the opposing side is likely to set forth even before its expert’s opinions are disclosed. In playing the devil’s advocate role, the best forensic experts prepare their clients for potential weaknesses in their position and assist the legal team in strategising effective responses. Finally, the forensic analyst must be composed and cool under pressure. The opposing side will employ experts with alternative conclusions and opinions that must be acknowledged if correct and refuted if contrary to the science and engineering analysis that explains the matter. Such composure may be most important during a deposition when the opposing counsel is testing the expert, not only with respect to their technical capabilities or soundness of their opinions but also with respect to how readily the expert can be rattled and lose composure or professional demeanor. Many complex facility matters that involve engineering and construction never make it to trial. Accordingly, the expert’s performance during deposition may persuade the opposing side that settlement is preferable to ongoing litigation. How do experts remain current in their knowledge and methods? Of course, the most obvious method is continuing education through seminars and webinars in the expert’s areas of focus. This generally can only go so far because most seminars and webinars are aimed at entry-level to intermediate practitioners, thus, are likely of little value 80 LAWYERMONTHLYMARCH 2023
RkJQdWJsaXNoZXIy Mjk3Mzkz