The Architect as a Consultant/Expert Witness

The Architect as a Consultant/Expert Witness ^AIA

This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.

PDH Online | PDH Center

5272 Meadow Estates Drive
Fairfax, VA 22030-6658
Phone & Fax: 703-988-0088
www.PDHonline.com
www.PDHcenter.com

An AIA/CES Registered Continuing Education Provider (#J681)

Course Overview

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.

Learning Objective

At the conclusion of this course, the student should be able to accomplish the following actions:

Describe the functions of a consultant;
Describe the functions of an expert witness;
Describe the activities that must be accomplished when working for the plaintiff;
Describe the activities that must be accomplished when working for the defense;
Understand the start-up activities required to become a consultant and/or expert witness in the legal environment;
Understand the contract and fee issues required to become a consultant and/or expert witness in the legal environment;
List the steps to be taken when a case is acquired;
List issues of concern when investigating an incident;
List the types of witnesses and their respective roles;
List the order of activities during pre-trial discovery;
List the order of activities during courtroom proceedings;
Understand how a consultant/expert witness can assist an attorney in the preparation of interrogatories;
Understand how a consultant/expert witness can assist an attorney in developing responses to interrogatories;
Describe how a consultant/expert witness can assist an attorney in the preparation of questions for depositions;
Describe how a consultant/expert witness can assist an attorney in the preparation of questions for witnesses;
Understand how a consultant/expert witness can assist an attorney in the preparation of questions and positions for negotiations;
List the steps that a consultant/expert witness must take prior to giving a deposition;
List the actions that a consultant/expert witness should take during a deposition;
List the steps that a consultant/expert witness after giving a deposition;
List the actions that a consultant/expert witness must take in preparation for and during the giving of trial testimony;
Describe the issues that can arise during the giving of trial testimony that must be addressed;
Know three excellent references for use by the consultant/expert witness;
Understand the psychology used by attorney's in questioning witnesses and how the consultant/expert witness can prepare to combat the various strategies of the questioning attorney; and
Understand the various perspectives of parties in a complex court case.

Course Modules

In this course you need to study the following five Course Modules, which are in PDF format.

Module #1: The Consultant/Expert Witness
This module addresses (1) the functions of the consultant and/or expert witness, (2) the activities that must be accomplished when working for the plaintiff vs. when working for the defense, (3) the start-up activities as a technical consultant and/or expert witness, (4) contract and fee issues, (5) the steps to take when a case is acquired, (6) some issues of concern when investigating an incident, (7) some general comments, and (8) some questions related to this module.

Module #2: A "Big Picture" of the Legal System from the Viewpoint of the Consultant/Expert Witness
This module summarizes the legal system to enable the consultant/expert witness to understand the process that leads to a trial, the steps involved in trying a case before a judge or jury, the ways in which the consultant/expert witness can assist their employer-attorney, and the types of interactions with opposing attorneys that the expert witness can anticipate as the case progresses.

Module #3: Testimony by the Expert Witness
This modules provides guidance for testimony as an expert witness.

Module #4: The Experiences of Others
This module presents the experiences and opinions of other consultants/expert witnesses and the writer's critique of these experiences and opinions. Three references are cited and reviewed. The writer has found each reference to have been extremely helpful. The reader may desire to obtain a personal copy of each reference.

Module #5: Case Study
This module includes a case study and practical questions related to the case.

Quiz

Once you finish studying the above course content you need to take a quiz to obtain the PDH credits.

DISCLAIMER: The materials contained in the online course are not intended as a representation or warranty on the part of PDH Center or any other person.comanization named herein. The materials are for general information only. They are not a substitute for competent professional advice. Application of this information to a specific project should be reviewed by a registered architect and/or professional engineer/surveyor. Anyone making use of the information set forth herein does so at their own risk and assumes any and all resulting liability arising therefrom.