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G129A
The Architect as a Consultant/Expert Witness AIA

David A. Conner, Ph.D., PE

Architects working as a consultant and/or expert witness in the legal environment must function as an educator, evaluator, and investigator in a manner that appropriately supports the distinct needs of the client/employer. (And, client/employer requirements will differ depending upon whether the client/employer is the plaintiff, the defense, or the court itself.) Beginning as a consultant and/or expert witness requires (1) a knowledge of both the law regulating the practice of engineering and the Canons of Practice and (2) the development of a) a detailed resume that includes pertinent credentials; b) a fee schedule, billing philosophy, and a mechanism for billing if serving as a consultant; c) a philosophy on note taking; and d) a philosophy on how files will be maintained.

When a case is acquired, the consultant/expert witness must

(1) establish a procedure with the client/employer for the filing of reports;

(2) review case documents (i.e. the complaint, charges, interrogatories and interrogatory responses, depositions, reports, and pictures);

(3) review all applicable codes, regulations, and standards; and

(4) examine all evidence related to the case.

Testimony in the form of a deposition provides the consultant/expert witness with a unique opportunity to offer professional opinions related to the case in the absence of a judge and jury - hence an ability to "partially control" the proceedings. Testimony before a jury requires that the consultant/expert witness display the best characteristics of a professional thespian.

This course is addressed to

(1) the architect interested in becoming a consultant and/or expert witness for the legal profession,

(2) the architect just getting started as a consultant/expert witness for the legal profession, and

(3) the architect in industry assigned, as a company employee, to assist company attorneys in litigation.

This course includes a multiple choice quiz at the end, which is designed to enhance the understanding of the course materials.

This course is registered with AIA/CES as a continuing education course for architects. Courses registered with AIA/CES are acceptable to all state licensing boards for architects.



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NY PE & PLS: You must choose courses that are technical in nature or related to matters of laws and ethics contributing to the health and welfare of the public. NY Board does not accept courses related to office management, risk management, leadership, marketing, accounting, financial planning, real estate, and basic CAD. Specific course topics that are on the borderline and are not acceptable by the NY Board have been noted under the course description on our website.

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