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Preparation for Court: on Being an Expert Witness in Your Occupation
The following is a preparatory checklist for all individual that are called to court as an 'expert witness'
so that all may be adequately prepare for defense of medico-legal report: All things regardless of court, the expert should have the following documents ready, provide answers to the following: Credentials: Functional Evaluators should be prepared to defend his/her credentials as an expert witness.
Basic
• Documentation of Education (copy of Bachelor’s Degree);
• Training: copies of certificates, formal specialized training (Matheson, Arcon, etc.) and courses;
• Curriculum vitae outlining work history;
Advanced
• List of articles prepared/published;
• Examples of courses taken during degree; transcript of grades may jog memory;
• Describe content of courses taken (Arcon certification topics);
• Why did you as a functional evaluator choose your courses versus other courses;
• When did you take your courses, what years;
• Describe any gaps in your training;
• Etc. Evaluation Standards:
• Describe referral process (rare-related to controlling and identifying risks)
• Chronological list of events of assessment; how you ensure evaluative process is similar from case-to-case
• Typical list of tests used;
• Reasons for selecting a particular test;
• Provide reasons and rationale for using a particular set of normative data
• Why have you chosen these tests?
• How do you ensure the safety of examinee?
• Informed consent;
• Risks explained?
• Issues related to privacy and/or freedom of information; Terms: defense council likely to discredit expert status by propositioning that you are not an expert witness. Plaintiff council likely to run through the FCE report to identify key areas and terms to assist jury in understanding useful, frequently used terms and to outline the Functional Evaluator’s proficiency and competency.
General
• Physical abilities (stooping vs. bending, crouching vs. squatting);
• Tolerances (occasional, frequent, constant);
• Standardized tests that were used: what do they test;
• Abbreviations or medical terminology;
Advanced
• Reliability vs. validity;
• Descriptive summary vs. diagnostic interpretation;
• Research asserting validity and reliability;
• Describe the protocol and procedures for each standardized test administered; Pre-Trial
Documentation:
• Details of your court appearance in writing; often trial dates and requirements are phoned or emailed; make sure legal assistant provides a formal letter outlining date, time, and location of the trial;
• Create a new folder called ‘lawyer’ placing all of the communication and records of phone conversations with the lawyer;
• Obtain map of courthouse;
• Plan to arrive early at least one hour to meet with lawyer;
• Go to the courthouse on a day off and prepare travel time and parking arrangements;
• Bring two copies of the report to trial: one stapled and one in a 3-ring binder with tabs for ease of reference and a Table of Contents;
• Read entire report, marking any errors, omissions, etc. being prepared to acknowledge them and offer a reason or ownership of mistakes;
• Review raw data and compare it to your notes; Trial Date
• Review trial notes;
• Practice key issues and questions brought to attention from plaintiff council;
• Eat light breakfast;
• Bring snacks for blood sugar levels;
• Drink Gator-aide;
• Prepare for alternative transportation;
• Bring an alternate change of clothes; |
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