HIRING A DOCUMENT EXAMINER/HANDWRITING EXPERT-ATTORNEY- EXPERT RELATIONSHIP

Posted on February 23, 2012 by admin

You have finally made a decision to hire a document examiner/handwriting expert. Hopefully, it is not a week before the trial, though I do understand, perhaps better than most that true emergencies can come up, like when my client and friend a former DA in Philadelphia, calls at 11PM on a Sunday night for a trial the next morning when a petition suddenly shows up that must be challenged.

When your office is at home, and attorneys get to know that, you learn to expect those things, but you have to be a pretty close friend to even think about getting away with calling me at 11pm on a Sunday night.  Otherwise, I will just tell you to take a tranquilizer and call me in the morning and I won’t even send you a bill for the advice.

 Well now as Steve Allen used to say: “All seriousness aside, let’s talk”

Generally speaking, experts do NOT like being called at the last minute. For me, last minute is anything less than two weeks prior to the time an opinion, albeit even a preliminary, is needed. Don’t even think about it if its a trial less than two weeks before the date of trial. This does NOT send a good message to your potential expert and will likely have him running in the other direction.

The reasons should be quite obvious. As I have tried to convey in my previous post, authenticating a signature or handwritten document can be quite complex depending on the case, Although I can appreciate the fact that an attorney, who on average, research shows, only uses a document examiner once every fifteen years,   may not fully understand exactly what is needed to render an opinion that can be defended in court and, in fact, may have a simplified view of what is required.  Attorneys need to give the expert sufficient time to collect said information that the scientific authority and case law require-otherwise, the whole exercise is a collosal waste of time and money and what’s the point? Nothing is solved and both the attorney and expert risk looking very bad to the judge for not being properly prepared and the judge may harbor an unconscious bias, thinking in his or her mind that the reason the attorney waited to the last minute is that he/she wanted to “slip something by”them. Maybe just maybe, the judge won’t have the time to look at things too closely if the attorney”s signature issue is really crap and his last minute ploy is merely a ploy to delay things, hoping it may somehow favor the client’s case by stonewalling. Maybe the plaintiff is right, the client’s  signature really IS a forgery. Why would an attorney want to pay an expert to tell them something they already suspect might be true–at least not pay them a lot of money anyway-hence the recent proliferation of cheap experts willing to say anything for a buck just so that your opposing counsel can cause further delay and expense to your client and who knows maybe even make them throw in the towel and go away. Litigatin IS getting VERY  expensive these days and the truth can sometimes suffer for that. Standing on principle it seems is getting to be a lost art.

 This is why I take great pains to not allow myself to get involved in any of these dubious situations. Like I said, there sometimes ARE true emergencies, but like the sign I saw on a fellow expert’s desk says: “Poor planning on your part does not constitute an emergency on my part”. I will take an emergency for someone I know or have worked for before, but let’s face it, it is NOT a good sign for an expert when he or she gets those last minute frantic phone calls. It usually indicates to me that the attorney doesn’t want to pay unless they absolutely have to and even then, not pay too much or on the alternative are not well prepared. To an expert, either scenario is not good. It is hard to immagine someone being so poorly prepared that they didn’t know they had a trial in a week But hey, what do I now do with the cases I am working on for attorneys who did NOT wait until the last minute?  Is it fair to them?

So the bottom line is that generally experts should avoid what my wife calls “Last Minute Louies” unless of course you like headaches and stress and chasing after lawyers for money-good luck on that.

So now back to “working with your document examin/handwriting expert” FINALLY.

Again, it is not my purpose to train anyone in document examination but instead what to do to get the most out of the attorney/expert relationship. Nor is it my job to quote the pertinent laws that relate to questioned documents in general and to this case in particular. It is a partnership, but not an equal partnership. At all  times, it must be remembered, the attorney is the manager of his or her case and the expert must comply, as long as it does not violate any legal or ethical tenet whether it be the experts Code of Ethics or the attorney’s, notwithstanding “last minute Louie” The attorney should also have SOME rudimentary knowledge of the field such as one might find in my soon to be published book to give them SOME parameters of what the expert might need.

 The expert must rely on counsel’s advice about the relavent law pertaining to the case and must comply. Likewise the attorney must comply with the scientific principles of the field that the expert must rely on and will be impeached for if not compliant.

In one sense, it is really quite simple for the expert. If the scientific authority says you do X then you do X. and you request that counsel do everything in his or her power to assist you  comply with the scientific authorites and not try to manipulate things to save time or money. For example, the issue of exemplars often comes up Ie the known samples the expert must rely on to determine the writing habbits of the person who signature or writing is in dispute  DURING THE   TIME PERIOD of the disputed document. The authorities on this subject are quite clear as to what is reqired-how many, when, what type, etc. Ignorance or laziness to obtain proper samples on the part of counsel when the expert can not obtain them on their own(such as when a subpoena is required) is no excuse. The information is there in publics records, if necessary, which, thanks to the net are now much easier to obtain. Being told: “This is all I have” will only get you a preliminary opinion from me which will be useless in court. This is also true for any other information that may impact the analysis which your expert will be glad to provide in numbing detail. If the authority and thus the expert require it, it MUST be obtained. Experts who do not insist that their client/counsel provide the required material or information set themselves up for possible impeachment and even malpractice, an ever increasing tort in litigation now.  And they only have themselves to blame. If counsel does not or can not comply with proper scientific authority, the answer is simple and clear-NO FINAL REPORT WILL BE ISSUED BY THE EXPERT -PERIOD!!!! I provide a detailed list of what is required and it must be signed and returned with the required information. In my cases, it is not possible to proceed unless all the required information is provided, but it seems there are some experts and attorneys who are willing to play “Russion Roulette” as one attorney/client told me, by not doing what is required for the sake of experdiency and hoping things work out OK.

As experts, we are not in the business of taking short cuts to please counsel and thus put ourselves at risk. And counsel should not be in the business of taking short cuts lest they lose the case and incurr the rath of a client or possibly worse. It used to be that it was hard to find a lawyer who would sue another lawyer-not anymore. The relationship between the expert and his or her client/attorney should be one of mutual respect and cooporation to reach a common goal–justice for the client. It will not work otherwise.  The expert must allow counsel to do his job and not interfere and counsel must allow his expert to do his job and not impede. The right thing must ALWAYS be done to insure the best result. And let’s not forget, you don’t want to antagonize your expert by not paying their bill or resisting their advice or you will quickly lose them then have to start all over with another expert-if you can find one willing to take over.

Let’s face it, I, as an experienced and knowledgable expert do not want to be associated with experts who do not share my standards. Of course, we are not talking about students and trainees here. We are talking about experienced experts who KNOW or are supposed to know what their job is and how to do it. It often amazes me how highly little highly credentialed experts know about their field. I once had a case where an experienced government expert answered “I don’t know” twelve times in a row to basic skill questions about handwriting, prompting the judge to turn and ask: “Well, sir, just what do you know?”  There went any credability he had, highly credentialed or not. And please as an expert, DO NOT advocate for your attorney or client or there goes your credibility. You can defend your opinion when it comes under attack, as it most certainly will on cross, as Albert Osborn, one of the accepted authorities in the field says you must. But there is a BIG difference between advocating for you attorney/client and defending what you believe to be the correct conclusion.

Lawyers are no different than experts.. A good and honest lawyer does not want to be associated with anyone whose standards are less than his or hers. That not only includes integrity, but work ethic as well. What would be the point? If you win a case dishonestly, what have you won except “bad karma” as they say? You have to look yourself in the mirror. You have to look in the eyes of your kids and tell them to be honest and hard working if they are to acheive in life. There is NO exception here. We all KNOW that, so why argue the point. Why shade the truth thinking no one will know. YOU  will know. God will know. There will ALWAYS be a pay back for anyone who does not to follow what their heart tells them IS the right thing to do even if the pay back is feeling guilty and ashamed, which has been shown to have a bad effect on your health. As one young lawyer once told me: “I try not to piss off highly qualified and experienced experts. You never know when you might need them again”. By the same token, the attorney must always remember that it is really the client who has the ultimate say and who must be pleased with the effort in the end by both the attorney and the expert.  Clients should not be left in the dark about anything and should be informed each step of the way.

Like President Truman said when the politicians were telling him what they thought he should do as he pounded his fist on the table: “DAMN IT,  WHY DON’T WE JUST TELL THEM THE TRUTH!!!”  That did not win him many friends in Washington, but he covered that to: “If you want a friend in Washington”, he said, “get a dog.

I have one, my Golden Retriever Gracie(who is on YouTube by the way)

A truer friend you would never want. She never complains as long as the biscuits are nearby and finds the greatest joy in the simplest things in life, like a walk in the park. There is a powerful lesson there somewhere.

 

 

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BILLIONAIRES-OVER 400 IN US-DON’T WANT THEM RUNNING MY LIFE

Posted on May 27, 2012 by admin

When I was a kid, there was a TV Show on the air called “The Millionaire”. The show was about a multi-millionaire who who would randomly choose individuals, write them a check for a million dollars and the show would chronicle how the money changed their life-many times not for the better.

We also hear stories of people who hit the lottery for millions and how it sometimes ruined their lives.

I once had a dear friend who had terminal cancer. His brother cold a computer invention to a large company for $40 million. He spent his days on the computer with his investment group friends making trades simply to make more money.

We have computer programs today that do that making trades in milliseconds for a profit of a few pennies multiplied over millions of shares.

It seems that the business of Wall Street and big investment banks is to simply make even more money for their investors who are already filthy rich.

We are told that Wall Street MUST pay top dollar for the brightest minds to succeed while we had a poor black man living on the street with his child and cleaning themselves in public bathrooms who eventually made HUGE profits for the investment firm he emptied the trash.

Its not bright minds that do well on Wall Street. Its average and even below average intelligence people who have access to information nobody else has. Those are the people who do well.

Meanwhile, what happens, they get richer and richer and eventually become BILLIONAIRES, forming HUGE multinational corporations which thanks to our Supreme Court, have the same right of Freedom of Speech as everyone else. Is it REALLY  the same right. Is my voice in Congress, in the media,  the same as theirs? As Anne Landers was sio fond of saying: “GIVE ME A BREAK!!!”

Billionaires dominate Congress, The Media, The courts(don’t tell me that middle-class people get the same rights in court as billionaires)The drug companies, The Sports Industry.  Whioever heard of such a thing as Hedge Fund Managers, not just making a billion dollars in their life time, but 3-4 BILLION dollars a year and only being taxed at 15%, while I pay 38%

And they ALL have egos to match, thinking that somehow, what THEY have to say is much more important than you or I and the Media plays right into that idea actively suppressing all kinds of free speech. One of MY favorites is the medial pushin drugs when there is an alternative and natural cure for just about any disease one takes a drug for. Thanks God for Dr. Oz

When I was young, media was relatively new and they had something called “The Fairness Doctrine” where an average person could go on the air and present a responsible, opposing points of view. Not anymore, thanks to the great friend of the wealthy-Ronald Reagan. And by the way-bilionaires were unheard of unless your name was Howard Hunt.

Most news shows anymore, don’t even read viewer mail anymore as if no one knows anymore than the pundits with the huge egos who think they know everything about everything

This MUST stop NOW!!! Or it could be: “Bring back the Guilletine” as one friend sarcastically remarked to me, half tongue in cheek.

I propose that we start with a flat tax of 50% on all income and worth over $1Billion. Can you live on $500 Million dollars? I could probably squeeze by.

And all this crap about how it would hurt jobs, is just that CRAP. It is widely accepted that the economy is driven by 70% consumer spending. Give some of that money to them and see what will happen. If you wnat to call it a transfer tax, than so be it.

People are fed up and are not going to take it anymore.

And a recent segment on NBC Nightly News indicates that yet again, executive pay is on the rise in the last couple years, quite substantially and those salaries are hundreds of times more that what the average worker earns.

Nothing will change unless “We the People” insist

So what do you think?

 

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ANGER AND THE LEGAL PROFESSION-IS IT GENUINE OR FAKE-THE DIFFERENCE BETWEEN ANGER AND PASSION

Posted on May 18, 2012 by admin

 

First of all, nature-God, gave us anger for two reason and two reason only-1-To give us instant energy to fight if we are in danger or if we can’t fight-to flee. THAT’S IT!!! Today though, instead of our physical bodies being under attack, it seems it is our psyche and our egos that we feel we must defend or escape an attack.

This anger  is a waste of precious energy that could be used positively somewhere else yet many suffer. Many people experience excruciating pain yet don’t take their lives. But when we feel guilty, ashamed or worthless, the pain is so great, it leads many to commit suicide, it is THAT painful and a primary reason we feel the need to fight today especially litigants in court. Do attorneys feel the same anger or is it a game?

However, if we look back to our ancient history, the cave man, (Flintstones aside)didn’t say to his wife: “I’m really pissed at my boss for not giving me the raise I deserve” Their days were basically spent searching for food(we call that working today given the current cost of quality food)

In that search, they might have encountered a very large and hungry animal, also looking for food(competition for an ever decreasing pool of good jobs). Of course, they didn’t want to be eaten-who does. Its a shame animals today, don’t have that choice.

So, confronted with the situation, the cave man could either fight the animal that was trying to eat him or run away. Their body geared up for the action they would take. To do that required real anger, or strong fear. Those emotions had no place in the rest of the cave man’s life unless someone was trying to steal their mate or harm their children. . But anger and fear are pretty basic emotions and in these instances-instant  and crucial for  self-preservation.

I was waiting for a bus the other day and there were some geese, the female and some male geese surrounding the babies. As anyone approached the chicks, the males gathered and began to charge in unison, angrily honking away, as if to say: “Stay away or else”

In the present day, our anger is not so easily connected to those instincts. I suppose if you looked hard enough, you could rationalize ANY anger in those terms but given the trivial things that people get angry about today, it is hard to make that argument, if you will.

People today  are angry all the time about everything or so it seems. They are also afraid of everything when there is no immediate physical danger they need to escape, just the imagined ones in their psyche. Virtually anything that makes us fearful will make us angry eventually as we may have to defend ourselves and our egos.

Lawyers, however, it seems only get angry during commercials: “We will fight to get every penny you deserve(and of course every penny the lawyer thinks he or she deserves too) But is it REALLY anger? Or is it just a big show or game. The same goes for closing “argument”. Just the word implies that this lawyer is pretty upset about how his/her client is being victimized by the “bad” insurance company. But again, is it REALLY anger? And, of course lawyers are not afraid of anything-except maybe an “angry” judge.

I think this is pretty apparent where this is going. Just as I wrote before about us drowning in a sea of deception, we are also drowning in a sea of fake emotions and lack of sincerity. In the opening “argument, why can’t a lawyer simply state the truth in a firm, but matter of fact way, saying this is what happened to my client and this is how it needs to be corrected? This is what good lawyers do and how they win cases.

No, the client WANTS a “bull dog” whether the emotions are sincere or not. But you know, that we are all touched by a sincere and heartfelt story that tugs at us that a skillful lawyers weaves for the jury. If we are yelled at, we recoil. When a lawyer “argues” with the jury, in essence he is saying: “Are you so stupid that you can’t see what is going on here? You need to be as angry as I am(ha ha). In fact, you should be incensed at this outrageous conduct that damaged my client.” I don’t think people like being told how they should feel. They should decide that for themselves and if the facts are presented with firmness and fairness and compassion for the victim of the conduct, the jury will do the right thing without being told to. But the client loves the righteous indignation of the lawyer. To them, it somehow assuages their pain for the moment. Whether it ultimately works, is another matter. The danger is that if the lawyer believes the dishonest client a little too much, they lose their objectivity and both the client and the lawyer will “go to gell in a hand basket together.

It is when the facts are nebulous that some lawyers feel the need to bully the jury into seeing it his/her way lest they discover the truth on their own. Do the right thing here, they say. You DO want to feel good about yourself, don’t you? Manipulation at its best. But like I just said, it can have its price.

An expert, however,  is different. As I said before, I am forbidden from being angry in presenting my  opinion about how my poor, sick, and dieing client was cheated out of hundreds of thousands of dollars when his nephew forged his name on crucial checks and documents. That is for the lawyer to “argue”. Mr. Phillips told me so. It must be true.

No- experts must be totally dispassionate. Yet I know that when I testify and the cross examination comes, I can expect to be grilled and, in fact, hope that I am. Why? Because it usually tells me the attorney has nothing on me and is  only hoping that I will crumble under the relentless pressure because the attorney himself believes I am correct.  This does not mean that I should not defend my opinon. I had all the time in the world to equivocate when forming my opinion, but once I reach it and state it, I MUST defend it in a firm and clear way. It seems that juries take great sympathy on experts who appear to be getting beaten up on the stand. Some experts play the victim very well, while others get belligerent-wrong move.

One such case, many years ago, I remember being grilled for four hours on cross by one of the city’s top lawyers in a blistering attack of my credentials and opinion as I sat calmly and watched the show making certain NOT to react as I sunk in the chair confronted by this big burly man. I later calmly pointed out where he was wrong on re-direct. My client won the case because the officer at the scene of the accident did indeed change his report back at the station contradicting what he wrote at the scene of the accident which favored the company, my client who was being sued.  Let me make it clear though that when an attorney expresses anger, many times it is sincere. Its just that it is often hard to know if the attorney is a good actor.  A good rule of thumb though is when people are fighting over money-large amounts of money, there is usually a great deal of insincerity involved. When there is no money involved for the attorney such as when he is working pro bono, its a good bet he or she is sincere.

The same is often true for some experts, unfortunately.

But, back to cross-examination. All it takes is a cool, dispassionate attorney to slowly dismantle the  opinion of an expert who has missed something, piece by piece. So instead of relaxing when an attorney starts to calmly approach me, the antennae go up. I become SUPER alert and think: “Is there something he knows that I don’t that makes him so cool and confident? Did I miss something?” This is why an expert’s job is to make sure that their opinion is so air tight that it can’t be attacked. The best way to do that is to follow the scientific and legal authority to the letter no matter how much work is involved and totally reject the opposite conclusion. When experts don’t, they will be impeached. I travel the country doing just that for attorneys. There are usually two reasons why experts get impeached-one-they contradict authority or, two- they contradict themselves either in the current case between deposition or trial testimony or past cases. Many experts falsely believe that once a case is over, their mistakes are forgotten–not so, they follow them everywhere. To put it more bluntly they are either ignorant, stupid or flat out dishonest, a sure formula for an  unsuccessful career, albeit a lucrative one. As one friend said: “Whores always make a lot of money”. I guess the trick is for them is to make as much money as you can and retire before you get caught. It is my job to catch you. I take great pride in exposing a bad expert because it hurts us all. I don’t want to be part of a profession that has a reputation for experts who will say anything for a buck.

In the prior case mentioned, was the attorney who cross-examined me sincere in his “anger” Well he was very famous for his theatrics and won his clients many, many cases for huge amounts of money because of it. The clients didn’t care, they preferred it that way and the attorney, of course got filthy rich as a result. Isn’t that the American way, after all? Like I said, it is often hard to tell if its real or not with a cunning lawyer. But just as experts need to weed out the insincere experts, the legal profession needs to do the same. As I have said, I do a lot of pro bono work for an organization in Philadelphia known as VIP-Volunteers for the indigent. When money is not at stake you can easily see where the true passion lies and when “anger” is sincere.

We, as people,  on the other hand, in our daily lives need to control our real anger that has nothing to do with self-preservation, 99% of the time because, you know what? It is literally killing us and most things that people argue about are not worth getting sick over or worse. We need to replace our “anger” with true passion for what we believe in.

I am a big baseball fan, and very passionate about it, and I remember seeing a picture of an actual sign at a ball park over 100 years ago that read: “Please don’t shoot the umpire, he is doing the best he can”.

Well, that is what we ALL are trying to do; the best we can and getting angry usually impedes us, not helps us since, after all, our literal survival is not at stake.  How we handle anger says a lot about who we are. Being passionate is something quite different and is a matter of pride. Easily flying off the handle is not and reflects very poorly on who we are. How do you handle anger? What are you passionate about. I want to know.

Calmly yours,

RJP

 

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FREEDOM-EVERYBODY WANTS IT-FEW ACTUALLY HAVE IT

Posted on May 15, 2012 by admin

The United States of America-Land of the Free-or so we are told. Let’s see, in what ways are WE “free” that others are not? Or perhaps a more appropriate question would be: Despite all of our so-called freedoms, in what ways are we NOT free that we should be? Our lives are controlled in countless ways. One can understand rules that control us to protect us. If no one bothered to observe red lights, life would be very dangerous. But is the FDA, for example REALLY protecting us or the drug companies? Is the banking and finance industry REALLY protecting OUR money or their own? As we have seen with the recent debacle involving Chase bank. It seems they can not even protect their own money or: Is it REALLY their money? Where did it come from in the first place? Didn’t WE the depositors give them the chance to earn THEIR money using OUR MONEY. Is that what a bank is? We need to go back to the old days of “It’s a Wonderful Life” Where the money in the bank benefited the local community.

OK-so far we have no freedom in the medical or finance industry. AH!!!! THE LAW-surely we have freedom there. Anybody can file a law suit to obtain justice–RIGHT?  YEAH RIGHT??? Try finding a lawyer when you don’t have much money. You notice, I didn’t say ANY money. It seems there are tons of organizations to help the poor find justice which are really a cheap way to train lawyers and let them do actual cases. If they screw up their victim can’t fight back. I do work for one in Philadelphia, known as VIP. They are the exception to the rule. The middle class??? Forget about finding justice if you want to have ANY money left after the suit is over and you likely lose. Again, only the wealthy win here. Imagine a wealthy person spending $60,000 in a custody fight over a dog while a grandmother can not protect a grandchild from an abusive and neglectful parent.

Oh I know-Freedom of the Press. Surely we have freedom there. It says so right in the Constitution. Well the press and the courts have something in common, if you try to seek justice there, it is  futile-sorry, the advertisers win out over you here. Its all about ratings and profits. The “Press” is not looking for the truth if it can’t make them a LOT of money.

I got it!!! Freedom of Assembly. Nah, the “Occupy Wall Street Movement” got chased from the park in NY (and from everywhere else)because they were too “dirty”. Was that “literally” dirty or “figuratively” dirty?

Hmmm!!! Let’s see.  I got it!!! Freedom of Religion.  Sorry-Tell that to any Catholic living in the Bible Belt or any Muslim living anywhere in the US-doesn’t exist.

Ah!!! This is it. Freedom to Keep and Bear Arms. Is it really freedom? Yeah freedom to kill each other at a record pace. It seems that the crooks are the  only ones with guns. They are everywhere-yes, the crooks AND the guns. Don’t dare venture outside lest you get hit by a stray bullet.

Surely we have Freedom of Speech. Howard Stern does. He can be as obnoxious as he wants and he makes more money. You say something even the slightest bit disagreeable to your boss and if you are an “employee at will”, you are history. Even your union won’t back you anymore because more and more it seems they are in bed with management for whatever purpose it serves them. They tell you that they have to think of the whole, rather than the individual. Forget about principle.

Just why ARE all those countries all over the world seeking freedom? Sounds to me like its a pretty dangerous and futile thing.

More late….

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A LIFE IN PRISON-ULTIMATELY THE CHOICE IS YOURS

Posted on May 12, 2012 by admin

As one who has worked in law enforcement for many years, unfortunately I have seen many people go to jail and have even been responsible in some ways for putting some of them there. Usually it is because of a very poor choice the person made in a moment of weakness.

Now that they find themselves a prisoner, the question then becomes how to cope with their circumstances without becoming sick and bitter. Many find different ways to deal with their loss of freedom.

I saw a show on the world news the other night about prisoners in prison for serious crimes with very long sentences. I was floored by a comment from a young prisoner: ” I feel free when I write”. It hit me like a ton of bricks because THAT is exactly how I feel.

Though I am not in prison-a prison with bars anyway, such as we have been talking about, I soon realized that there are many forms of prisons and MANY people feel as though they are in prison-whether it be in an abusive relationship, a job they hate or a dangerous place where they live and  can’t seem to escape, no matter how hard they try or as we are seeing with ever increasing frequency, an economic prison that prevents us from living the life we deserve.

For me it was a terrible childhood full of all kinds of abuse that I don’t really want to discuss now. But just as my abusive father(abusive to my mother, not me) gave me a camera for my 12th birthday and took me to my first baseball game, in a twist of irony he was responsible for two things I am most passionate about in my life, a show on “Leave it to Beaver” launched my writing career. As for my father, he was in prison too-a prisoner  to the horrors of war, of seeing friends blown up in front of his face and having to lay helplessly on the beach and play dead while German soldiers walked among the bodies sticking them with bayonets. His prison stole his sanity.

Beaver started to keep a diary, which basically consisted of: “Went to school, ate lunch, came home” I started to do the same thing at the darkest point of my life.  As Gibron said, the seeds of joy are planted in the deepest sorrow.

In my case it seemed that the more upset I became over my circumstances, the more of a need I had to write about them. It seemed to liberate me from them in some way. As I later learned when I began to study handwriting, the physical act of actually writing(not typing) causes chemical changes in the brain and that through writing exercises, one can actually overcome negative traits and cause positive changes in behavior. I know, first hand, but that is a story for another time.

At twelve years old, I became a prolific writer of journals and diaries and I still have many of them and obviously continue to write today and judging by the thousands of responses I am getting to my blog, people in cyberspace seem to like my writing.

I think this is because I tell the truth and speak from the heart. It HAS been liberating for me because I realized that anybody can write about anything that makes them happy or they are passionate about and you are not alone, for chances are, SOMEBODY(and likely many, many) out there feel the same way you do.  You are no different than any famous writer, that someone might want to read about it. The difference is that through patience and persistence, the famous writer did not give up. The recent book of “Marley and Me is a perfect example. The writer suffered rejections from 48 publishers before he found one who would accept his manuscript. Makes you wonder about publishers, doesn’t it? But it reminds me of something my mother always told me, that I have mentioned many times. When I expressed impatience to get something done, she always said: “Remember, Bob, the constant drip of water can wear away a stone, look at the Grand Canyon” It was her way of saying: “Be patient and persistent and don’t give up and you will get what you want. That is why I LOVE the movie, “The Shawshank Redemption”. Those of you who have seen it know why, those of you who have not need to.

You may have a hobby or an area of expertise, whether its collecting or something else. Who would have thought because of the recent movie “The Hunger Games” an interest in archery(once quite esoteric) has been ignited to the point you can’t even get near an archery range. That could have been you.

I once had a case with an attorney. When you walked into his office, there were 12 Grandfather clocks he had collected. But they were not just ANY grandfather clocks, they had to be manufactured PRIOR to 1750. He traveled the world looking for old grandfather clocks. They were all set to a different time so he could hear the chimes. When I asked how he actually knew the REAL time,  he pulled the cuff of his suit jacket back to reveal an ORIGINAL  Mickey Mouse watch-likely worth a fortune.

You just never know about people and who might be interested in precisely what YOU have to say. And the internet gives you the world as a possible audience. I never would have thought that thousands upon thousands of people would not only be interested in ANYTHING I have to say, much less rave about it as many have. Why can’t you do the same?

Remember, the prisons we find ourselves in are most likely of our own choice and even if not, how we deal with the prison is a choice over which we have much more control than we may think possible. A recent story illustrates this. A young woman paralyzed from the neck down was determined to “run” a marathon. Impossible you say? Well she was fitted with new technology that actually allowed her to move her arms and legs without assistance. Even though it took her days, she DID complete her marathon. We have seen these things over and over and over again. There is no denying the human spirit and the patience my mother so lovingly taught me.

So whatever prison you now find yourself inhabiting-escape, follow your passions and take out your journal and start writing-one sentence at a time. You won’t know until you try. You will be glad you did. It could be the most liberating choice you have ever made and may start you on a journey that will dramatically change your life and the lives of untold others for the better,  forever.

 

Good luck, Bob

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BECOMING PROFICIENT IN THE FIELD OF QUESTIONED DOCUMENTS AND HANDWRITING IDENTIFICATION-I WILL SUPERVISE YOUR WORK

Posted on May 7, 2012 by admin

I have been a Document Examiner and Handwriting Expert for over 35 years.   I was going to title this blog “Mastering the field of Questioned Documents”.  I soon realized THAT was impossible no matter how many years you study-the field is THAT complex.

However, becoming proficient in the field enough to practice successfully as a Document Examiner, is certainly within reach of an intelligent and well-educated person who is truly dedicated to that goal. The information is out you, YOU just have to have the desire to gain command of that information.

But you also have to have an experienced examiner to guide you in the right direction, lest you spin your wheels and waste of lot of time and energy going in the wrong direction. They will guide your path so you can achieve your goal.

That is one of my missions God wants me to do so I am here for any interested party to help in any way I can.

Some of the top accepted authorities in the field were largely self-taught-people like Ordway Hilton, Albert Osborn, and Robert Saudek to name a few. They did not have formal training, nor did they work for a government agency as a Document Examiner but were nevertheless able to gain such proficiency in the field that they are now considered authorities because of their relentless efforts-effort to be sure that YOU can make if you are seriously interested with my help to force your nose to the grindstone.

I would be willing to supervise the work of any student or examiner with limited training and experience to insure they have proficiency in the fiel enough to confidently testify in a court of law without contradiction.  It will not be easy. I am tough, but you WILL gain proficiency in the field of Questioned Documents and you will be able to say I helped you do so as a former government document examiner, with government training and 35 years of experience as long as you follow my plan. This is not a “training” program nor is it an “Apprenticeship”. I will be supervising your work, much as a supervisor would do if you worked in a lab after having been trained. Only in this case, YOU will trin yourself just as Hilton and Osborn did. I will direct you to the right material to facilitate that training. This is open to private examiners only or students interested in the field.

Please fill out my submission form on page one of my web site if interested and we can discuss the details.

 

Hope to hear from you soon.

 

Good luck,

 

ROBERT J.  PHILLIPS

FORENSIC DOCUMENT EXAMINER

 

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CHAMP THE BEAGLE-BEING FORCED TO GIVE UP SOMETHING YOU DEARLY LOVE

Posted on May 5, 2012 by admin

As a document Examiner and Handwriting Expert who has hundreds of court appearances under my belt, and who has seen many a loser trudge from the court room(and thank God, they were not MY clients that I know of), I have realized that ultimately, the losing party is the loser most likely because they did not tell the truth, but much more importantly they lose because  of what they must give up when they lose and it is far more than the money they had to pay their lawyer, though to the loser, paying the lawyer is like putting salt into a deep and painful wound,  especially if they feel the loss was unjust. What losing party doesn’t feel THAT way?

It is the mental and emotional impact of what was really lost that can have a profound effect on the losing party long after the monetary costs of the litigation have been recovered.

How do you put a price on the loss of a home you have lived in for many years and shared many wonderful memories because of a downturn in the economy and a lost job?  How do you put a price on the loss of custody of a child for whatever reason or the termination of a marriage that once held great hope?

It is hard enough for us adults to cope with these losses, but think of the effect it has on the children entangled in these situations who are powerless to do anything to stop it and protect themselves and are hurt deeply, perhaps forever unless intervention comes quickly.

Such is my story when at age 13, my parents finally divorced. I say finally, because we did not just lose our home once–at that time being forced to move into an apartment with my mother–we lost our home not once but 7 times up to that point because my drunken and abusive father spent money on anything but what he should have and we were forced to give up our home all those times not to mention the mental and emotional scars that went with that and the constant strife that caused it.

This story is not about my father, though. That is for another time-my memoirs. The long and short of it was that my father was on Anzio beach during World War ll completely surrounded by German soldiers, so close he could hear them talking at night and he had to lay on the beach and play dead while Germans walked among the bodies sticking them with bayonets to make sure they were dead.

The poor man went crazy and began to drink to  bury the images of friends being blown to pieces in front of his eyes and having to fight hand to hand combat to survive and finally being blown out of a fox hole and suffering a broken back that he somehow survived. This certainly did not excuse his later behavior, but it DOES explain it.

I had been estranged from my father, but when I learned his story and also learned he was suffering terminal cancer, I went to his death bed and told him that even tough he ruined my childhood, he gave me a precious gift, the gift of life as well as a love of baseball and photography(he gave me my first camera when I was 12-an old “Brownie”)and I owed my life to him. I forgave him and told him I loved him. He died peacefully in his sleep that night.

No, this story is not about my father. It is about ME and Champ the Beagle. When I was a very young boy, long before my parents divorce  my mother got a puppy we named Champ the Beagle as a companion mainly for me. My sister was too young and my mother was afraid of dogs having been bitten as a child and my father was mean to him and my older brother was seldom home. No Champ was MY dog and my constant companion and comfort at a time whenI not only had to endure the strife of my parents, but also at a time when  I was teased and bullied because of my large head from hydrocephalus as a result of being two months premature and my “coke bottle” glasses. I had few friends, but Champ was ALWAYS there for me to give me unconditional love when few would or could–my mother being too busy fending off blows from my drunken father.

But then came the day, when because of my father’s many failures, my mother could take it no longer and filed for an annulment  which meant we would lose our home, yet again and have to move to an apartment and give up Champ the Beagle. I was crushed and cried relentlessly for days and days. My mother assured me that we would bring Champ to a farm some distance from us and he would live out his days happily chasing rabbits on the farm. Somehow that failed to assuage my sadness as the weeks went by before we moved. I withdrew completely into a fantasy world.

Then one night, we came home from doing errands. To our utter shock, who was on the front porch waiting for me-none other than Champ the Beagle furiously wagging his tail and licking me all over my face.   He had somehow gotten free from the farm, many miles away and found his way home to ME-and make no mistake, it WAS me he had returned for. The power of love can not be matched.

But in those moments of unbridled joy, I soon realized that we would still have to give up Champ the Beagle and it plunged me into even deeper sadness. I wish I could tell you that we gave Champ to someone nearby and I could visit, but I never saw Champ again. Not only did I lose Champ once, but twice. Can you imagine the grief and loss I felt as a helpless child( I now understand why the song “Helpless” by Crosby, Stills and Nash was my favorite song in college)The poor dog must have thought I was rejecting him and that thought still saddens me to this day even though Champ is long gone. The tears still come to my eyes as I relay this story to you. When I asked my mom if Champ would be OK-she lied and said “sure”. I later overheard her talking to my aunt who said that poor champ would likely “pine away”. My naive mind did not know what that meant until someone told me it meant to die of a broken heart, which is what I felt like doing when I heard that.

But as the months passed, I realized that Champ did do one thing that changed my life forever. Just as my father had given me life, Champ ignited in me a love of dogs, as I look at the beautiful face of my beloved Golden Retriever Gracie who can be seen on YouTube under RJPPhillips. As you will see, we use the word “say” to get her to bark so when we go to bed at night, we will exclaim: “Say goodnight Gracie” and Gracie lovingly says, goodnight in a way that would likely make Jack Benny laugh if he were here.

So just as my story had a happy ending, it was hard to see at the time which is so often true of life which is why Kahlil Gibron wrote, “the seeds of joy are planted in the deepest sorrow” So too, all the litigants who are forced to give up things that gave them great joy, you can be assured that you WILL experience redemption in God’s time though it might be hard for you to understand that now. Everything happens for a reason and sooner or later, we will all discover that reason.  You can be certain, however, whatever that reason is, it is what is meant to be and is for the good of all much as you may not be able to see that now. Life’s lessons can be tough, but that is exactly what they are-lessons to teach us so that we can learn then teach others avoid the mistakes we made..

And for those of you who have dogs. Give them a big hug and kiss when you finish reading this because it won’t be long until they will be a loving memory just like Champ the Beagle.

God Bless, RJP

 

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“I HATE LAWYERS”-WHY DO SO MANY PEOPLE FEEL THAT WAY?

Posted on April 24, 2012 by admin

I have been a document examiner and handwriting expert for over 35 years and have worked with and talked to thousands of lawyers in that time. As I try to explain to my cynical friend, lawyers are no different than anyone else, the majority are decent, honest and hard working people who want to do the right thing, just like everybody else. His cynical response is: “What about the other 49%.”  People just LOVE to hate lawyers and they love lawyer jokes. Why is that? Where does this dislike come from? I think this strong dislike for lawyers is closely linked to what I said earlier about our legal and political systems. If everyone told “the truth, the whole truth and nothing but the truth” as the oath requires, our legal system would collapse. There would be few cases. Our legal system is based lies and on the judges-who were once lawyers, figuring out who the best liars are and who is actually telling the truth. As it is rumored Supreme Court Justice Oliver Wendal Holmes began his court sessions when on the bench:  ”Let the perjury begin” so it is in litigation. Both sides can’t be right. Honest men CAN sometimes disagree but it is rare that those cases go as far as trial since a consensus is usually met. Eventually , 95% of law suits DO  settle.  We all know that in virtually every case, SOMEONE  is deceptive and who defends the liars-why lawyers , of course. To be sure,  a lawyer can be disbarred for suborning perjury, but how does anyone prove the lawyer KNEW his client lied. Some people ARE convincing liars. The lawyer  may suspect but they reason their client is entitled to the benefit of the doubt, especially when a lot of legal fees hang in the balance. Money certainly does have a way of influencing the “truth”Many lawyers convince themselves of their clients honesty as the case goes on but let’s face it, certain litigants lied from the beginning and many lawyers suspect it or even know it or even contribute to it. But as I said-”prove it” Therefore a LOT of cases are decided in favor of convincing liars-or shall we say rich liars. The cost of litigation is prohibitive anymore and out of the reach of the average person and lawyers are very reluctant to take contingency cases anymore unless they are a slam dunk. They simply can’t afford to lose too many cases, even when their clients are absolutely right. The amount of legal hoops a litigant has to jump through is increasing by leaps and bounds, so to speak. Sounds like a real circus, doesn’t it? “The paper war” is what it is called. All of this costs  money-lots of money. But when you have the rich insurance company or bank who can afford to pay to continue the lie until the client and lawyer  are forced to capitulate, the dishonesty wins out. And  who represents these insurance companies and banks-lawyers of course. Many who fool themselves into thinking they are ridding the system of fraud even for legitimate cases. This is not to say there isn’t fraud. Fraud IS rampant. But this fact is used to justify a false defense in legitimate claims.

There is no clearer example than my own case. I had a disability insurance policy which I faithfully paid for years. The long and short of it is when the time came for me to file a claim because of an accident that all of my doctors agreed was an accident, the insurance company manufactured a false defense and just wore me and my lawyers down until we were forced to settle for a fraction of what a leading forensic economist said was a million dollar claim. Such are the criticisms of many policy holders in the same boat. However, this was an insurance company that had been exposed by “60Minutes” for fraudulent claims practices and was under investigation by  , not just one or two state Attorneys General, but Attorneys General in ALL fifty states for fraudulent claims practices that were SO outrageous, some claimants won verdicts in the tens of millions of dollars-clients and attorneys who were willing and able to hang in for trial. Yet this insurance claim was able to buy a resolution to THEIR fraud by offering a large amount of “stolen” money and pay off pending claims for pennies on the dollar and no one went to jail. Money wins out again.

The other area that breeds a lot of contempt for lawyers began when they received permission to advertise. To be sure many ads are very tastefully done, but bad ads are like bad lawyers. They get all of the attention to the detriment of the good lawyer. Many of the lawyers doing their own ads are like  car salesman hulking their wares looking for quick money that is going to put them on easy street with very little effort. Many of the ads seem like Carnival barkers at work. Once they have a formula that works, they “boiler plate it” and have their para legals do most of the work, then THEY cash the check and move on to the next case.  The cost of filing is small. The cost of defending is huge. Everybody knows that-so the defendant offers to settle for less than the cost of defending and since the lawyer really doesn’t want to go to court, eagerly takes the money and moves on. Its a huge game that we all are paying for-like the scam called “Class Action” law suits-notably “The Tobacco settlement” where individual lawyers received tens of million of dollars and the true victims whose lives were ruined by lies about the affect of tobacco, got a pittance.

Is it any wonder the average  person gets quite upset, especially when they are forced to settle for a next to nothing  because the lawyer wanted a quick buck. The lawyers not looking for justice for their clients want easy money. So if your case is “weak” in their eyes, unless you have a lot of money-you lose. The problem is that oftentimes it is not until one gets deep into a case that evidence is discovered by going through the required discovery process that suddenly makes a questionable case a “slam dunk”. This is where experts like me often come in yet these attorneys looking for quick money don’t want to hire expert when they should but only when things become desperate-a major headache for the expert.

Yes some lawyers have a lot of money and power and their clients have less and less and feel helpless to change the system.  This is a formula for hatred and discord. But hey-”too bad” they say, that is how our system works. Blame Congress they say-they wrote the laws. Write a letter to your Congressman if you don’t like it.

But finally, despite all of this bellyaching-guess what? We DO  have honest, hard working lawyers and with deference to my friend it is a substantial majority-not 51% as my friend jokingly asserts. People in all walks of life really want to do the right thing and that of course includes lawyers.

I am a member of the VIP Program(Volunteers for the Indigent Program) of the Bar Association of Philadelphia where dozens and dozens of lawyers as well as experts like me do tons of Pro Bono work for the poor every years. At a recent awars dinner, one attorney received an award to handling the most cases for the year. She did TWENTY SEVEN FREE cases for the poor that year.

And let’s not forget the many attorneys who have championed those causes so dear to us such as the the environment, consumer protection, protecting our children, battered wives or anyone who has been abused in any way..

The bottom line is that good lawyers, of which there are many,  make the world a better place and truly HELP their clients as well as the world. Bad lawyers, of which there are few,  help themselves and no one else. Unfortunately, its the bad lawyers that taint the profession and get all the publicity leading many to believe that ALL lawyers are bad and out for themselves and don’t care about anyone but themselves. Their only mission, in the eyes of many, is to simply line their pockets with as much money as they can so they can consider themselves a success. They use that money to buy influence and control to increase their power. This is why politics is so attractive to bad lawyers thus tainting the field of politics. Politics to them is not about serving the public, but is just another means to more power and more money and “success”. Well, there are many definitions of success and the bottom line is; when that time comes to meet our maker, what definition of success do we want to take to our grave?

I know the answer to that question, do you?

 

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HIRING A DOCUMENT EXAMINER/HANDWRITING EXPERT- WRITING COMPREHENSIVE REPORTS IN DISPUTED DOCUMENT CASES-SHORTCUTS WILL CAUSE COUNSEL TO LOSE AND THE EXPERT WILL BE DAMAGED-LEGAL AND SCIENTIFIC AUTHORITY TELL US EXACTLY WHAT DO TO AND MUST BE FOLLOWED

Posted on April 20, 2012 by admin

It MUST be remembered that ANY expert who writes a report for any attorney in a legal matter(and make no mistake, the report is written for the attorney and NOT the client) must know that the report will need to be defended in court and MUST follow prevailing scientific authority and case law.  Opposing attorneys are not in the business of being kind to inexperienced and incompetent experts who don’t know how to write proper reports. My purpose here is not to teach experts in how to write proper reports-that, one will be able to read in my soon to be released book. This issue has been complicated recently with the ASTM dropping those sections relating to document examination-another victory of the government examiners over the private ones.

Yet perhaps, when I think about it, maybe the issue has not become more complicated, but LESS complicated. Document Examiners now have to go back to the way they wrote reports prior to their involvement with ASTM , namely, the way Harrison, Hilton and Osborn and Saudek, prescribed in the authoritative texts. They have been in existence for over 75 years and served the questioned document community well. Yes the elitism of a select few who tried to dominate the ASTM over questioned documents will have to inflate their egos and exert their control in some other way.  The field of Questioned Documents does tend to be dominated by a bunch of snobs who think they know  what is best for everyone. But what I am finding is the snobs are snobs to cover their fear and hide their true ignorance of the field they claim to know so well. Imagine a prominent document examiner for a large governmental agency answering “I don’t know” twelve times in a row to basic skill questions about rudimentary aspects of handwriting after having  looked down his nose at me in obvious contempt. Needless to say, the judge did not believe a word he said while the same judge commented very favorably about my detailed and thorough work product and testimony-comments, I might add I have not seen on the web sites of many documents examiners-not because I am better or smarter than they are, but because I am not lazy-and am more detailed and thorough and follow prevailing authority to the letter, even if it means I have to spend many more hours on the case than I ever have hope for of being paid.

But now to the point of this blog. In ads that appear to the right and above my site by so-called experts, who I might add, as far as I can see, do not produce quotes from any attorneys or judges that actually prove their testimony was ever believed by the court, the cost of putting their findings in writing, IE a report are clearly printed. My question is: “How can ANY competent expert know what the final cost of their report will be until they complete it. It may be possible, based on the specific case to approximate what that cost MIGHT be, but to charge a flat fee for EVERY case is absurd. I am working on a major case right now for a Fortune 500 company, where I have already spent 20 hours writing the report which includes detailed charts and detailed research on anything that might have had an effect on the writing to make sure that what I am seeing are in fact indicators of simulations and not something else. I will also be commenting extensively on the report of the opposing expert. These procedures are very clearly defined in texts that every competent expert in the field would acknowledge as authoritative texts. And as every expert knows once they accept a treatise as authoritative, unless new research contradicts it, they can not contradict that authority when testifying or they are impeached.  Most of these $300.00 wonders not only do not follow proper authority, but don’t even know what they are, nor do they have even the most rudimentary knowledge of the field of Questioned Documents.

Yet we have “experts” willing to write reports for $400.00 or $600.00(2-3 hours of my time) that don’t appear to include any research into anything much less demonstrative charts,  And what if the original of the disputed document, a review of which is required before writing a final report,  is 100 miles away?

Do you realize how many times I have read expert reports from incompetent experts that say: “My opinion is that the signature is genuine, subject to the examination of the original at trial”? What happens if hidden evidence of non-genuineness, not visible in the copy, is discovered, when they see the document in court after they have already been paid to testify the document is genuine?  Do they conceal it and lie?

And what about those reports where there is an opposing expert? Is that fee also $600.00. How about ten disputed documents?

As I have said before, the cost of litigation can be prohibitive. Would it not be prudent, when an opposing expert’s report is seriously flawed, for me to write a detailed report and save my client the cost of litigation? I have had cases where I have written reports for which I have billed $20,000.00, but they save my client millions in legal fees and potential verdicts against them based on the report of an incompetent expert. The other side of that coin is that my esteemed opponent is not going to make things easy for me. He/She is going to make me jump through as many legal and scientific hoops as posible. Do they care it can cost my client a fortune? If an attorney pressures an expert to cut corners for that reason the consequence could be devastating and your client will not be wiling to take the blame for that, the judge will rule against YOU and opposing experts in the future will wave that ruling in front of you and your future client and your reputation will suffer-Why-because an incompetent experts only means of getting business is to charge a very low fee and a lost of shortsighted lawyers hire them.

If I were a lawyer, I would be very cautious about any expert willing to give me a report in an important case for $400. The likelihood is, it isn’t worth the paper its written on. And to reiterate, if they can’t produce a ruling from a judge in a case where they testified where the  judge agreed with their conclusion and commented favorably about their testimony, I would run in the other direction if I weere an attorney.

But you KNOW all this  don’t you.

ROBERT J. PHILLIPS

DOCUMENT EXAMINER

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MIKE WALLACE-TRUE HUMAN BEING AND SEEKER OF TRUTH AND YOU CAN BE TOO IF YOU DO WHAT MY MOTHER SAID-BELOW

Posted on April 16, 2012 by admin

There is nothing like profound sadness to teach us what is most important in our lives-living the truth with those we love and care about AND our fellow man who are just like us, as my mother taught me.

A common theme of many of my blogs seems to be this quest for truth that the late Mike Wallace embodied. When I first saw the promo for the program tonight on “60 minutes”, my reflex thought was: Mike Wallace was wealthy and famous and thanks to his television reputation, he had access to famous people I could not possibly have access to. I felt that I could certainly do as good a job as he, since I am known among my friends as one who does not pull punches.

But then, I thought back to my own life and the things I have done under the most trying of circumstances. Like Mike Wallace, I have experienced profound loss and suicidal depression and unspeakable abuse. Instead of using fame and access that Mike Wallace had that I don’t, I realized, again thanks to my dear departed mother, I had dogged patience and persistance, when I decided there was somethinhg that I wanted to do. Whenever I encountered an obstacle, my mother’s words always came to me: “Remember, Bob, the constant drip of water can wear away a stone. Look at the Grand Canyon” It was her way of saying that never give up persuing your goals and you will win.

A striking example of this was my experience w/my Congressman, Rob Andrews. Many years ago, I don’t even remember when, there was a report on the radio that the Congressman were going on their Christmas break on December 1. I thought to myself: “That’s a pretty long Christmas Break. I wish I could have such a break from the stresses of my work” So I called the Congressman’s office and asked: “Exactly what does a Congressman do on his or her Christmas break. The answer came back: “meet with constuents” So I said: “Fine make me an appointment, I have a VERY important issue I need to discuss w/the Congressman.” There was a lot of hemming and hawing, but the receptionist finally relented and said OK. TWO AND A HALF YEARS LATER-AFTER CALLING THE OFFICE EVERY SINGLE DAY-I FINALLY GOT MY APPOINTMENT. The first thing I said to the Congressman was: “Sir, you do not want it in the public that I had to call your office every day for two and a half years to get an appointment. Now before you say that I am telling you this information to make Congressman Andrews look bad-you are wrong. This happened many years ago and the Congressman and I are now on good terms and I often see him at a local diner having breakfast and we exchange pleasant hellos and his staff is VERY attentive-Why because they KNOW that when I call w/an important question, I won’t give up until I get an answer. So maybe I don’t have the fame and position that Mike Wallace did to get access to all kinds of important people. What I DO have is the patience to NEVER give up until I get an anwer to my very important question. This is why I LOVE the movie-”The Shawshank Redemption”. Those who have seen it know why, those that haven’t need to.

Again, Mike Wallace had fame and position to get the opportunity to ask the important questions of important people. But you have exactly what I have: the patience and persistance to not give up.

So this is what I want ALL of you in the US to do. Write down a very important question that you want to ask YOUR Congressman face to face like Mike Wallace would do-one that Mike Wallace may have liked to ask him-call for a personal appointment and keep calling, over and over and over and over and over and over and over and over and over and over and over and over and over and over and over and over and over again and again and again and agian until you get the answer you want and write me and tell me what hapened. Do this in memory of Mike Wallace who would have surely wanted to ask YOUR question had he lived long enough to get to it. You will just have to take over for Mike Wallace and ask those important questions of those in the position to do something and don’t give up until you get the answer you want. They MUST answer and don’t want you writing on YOUR  blog that you called for years and were ignored. Make Congress “The do something Congress. It IS within your power. Don’t tell me its not. I did it and so can you-no excuses.

Good luck,

Robert J. Phillips

Document examiner

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PARASITES AND LEECHES–THAT’S WHAT THEY ARE AND THERE IS NO OTHER WAY TO SAY IT

Posted on April 14, 2012 by admin

Webster’s dictionary defines a parasite as:  “A person who is supported or seeks support from another without making an adequate return” A leech is an animal that sucks the blood of another animal to survive.

Well, I am finding the internet is loaded with them and this is a further example of what I spoke about in an earlier blog about how we are drwoning in deception and everyone thinks it is OK. I like to sleep well at night and be proud of the persobn looking back in the mirror. If it means I have to sacrafice a little income to do that-so be it.

When I was in Colombia in South America and had the pleasure of visiting “The Botanical Gardens” in Medellin. It is the orchid capital of the world. I was shocked to learn from the Curator of the museum that there are over 90,000 different species of orchids. In fact, vanilla, we all know and love, is in the orchid family.

When I saw the orchids growing on the sides of trees, I was curious and asked the curator why that was so. He told me that most orchids were parasites and lived off other plants.

But at least they are beautiful parasites and they don’t harm the tress.

Such is not the case of the parasites I am talking about here.

Apparently the law has not caught up w/the rapidly growing internet and certain individuals and groups have taken advantage of that to “trick” people into visiting their web sites  by setting up what appear to be legitimate  web sites set up specifically w/a link to their web sites and no link to the person being targeted , hoping that they can get business intended for someone else.  When a search is done on an expert’s name this bogus site appears w/their name but no link to their web page. Instead, above or near the name the expert’s name is a link to the web site of the person targetting this individual.

When one attempts to contact this “bogus” web site, there is no means to contact them or in the limited instances where there is and the targeted expert asks that their name be removed, the “bogus” web site suddenly vanishes. What does this tell you?

I have researched a number of prominent experts I know by name and sure enough when a search is done a number of web pages comes up w/their names and no link to their web sites but a link nearby to another expert.

Also, above my web site is a line that says “Ads associated with documentexaminer.org. I can assure you,  I am NOT associated with these individuals in any way and would NEVER endorse their services. What I have learned is that these listing aboe and to the right of my name are paid ads, these individuals pay Google at a rate of at least $17/day for the specific purpose of being listed near my web site for the specific purpose of diverting(we won’t say “stealing” yet) business away from my site simply by charging an absurdly low fee. One would think that a sophisticated lawyer would be too smart to fall for hiring an inexperienced expert for an important case just because the fee is low. We can understand if it is their client calling, but an expert should NEVER even talk to a client who is represented by counsel for a whole host of reason which will be unumerated in great detail in my soon to be released book. That is one of the first questions I ask and if the client has an attorney, I ask that they have the attorney call me.

Now to say the least, these advertising practices are  NOT being smart and taking advantage of a law that has not caught up yet will have all kinds of consequences these “experts” have not thought through. It is an attempt to be devious and attempt to divert possible business from the intended expert-in this case ME!!!!

Devious people don’t always think things through.  What do they think I am going to do as they try to divert business away from me using this loophole? You know the old saying: “People who live in glass houses, should not throw stones” but in this modern day version, it is: “People who engage in what everyone agrees is less than honorable bahavior, set themselves up on cross examination as being dishonorable” Excellent experts get business on their own merits-not because they tricked someone into hiring them.

When it comes to experts, what is a possible consequence of another expert targeting someone in this way with these bogus web sites? Well these individuals who target people WILL be questioned about it on cross-examination. Even a suspicion that such a person is being devious in the way they get business, may be all the judge needs to disbelieve their testimony and if a judge feels firmly that this is the case  IE  that the expert IS being devious, such a negative comment on the record, in effect ends the offending expert’s career. They will have no credibility as a witness in future cases and might be quite embarrassed explaining and justifying their behavior on the stand about setting up phony web sites.  If there is one thing I have learned in my 35 years as an expert, it is that you DO NOT want to give a judge ANY reason to disbelieve your testimony or question your character and thus your credibility. If the judge suspects you are in it for the money and not being straight, that you are publicity hound appearing on gossip TV shows etc.,  you lose and the judge doesn’t have to give a reason. I have indicated in previous blogs that a prudent opposing attorney will carefully check the judges rulings in the cases in which you testified and, for example,  if you have testified 50 times and the judge has disbelieved your testimony 35 times or even a lot less, what future attorney in his right mind would hire you since you have failed to convince the court in a majority of your cases. This is yet another reason why proper preparation is crucial. And if you don’t produce favorable judicial or legal comments about your testimony-again, what lawyer would hire you. Perhaps only those with dishonest cleints and the attorney suspects so and only wants to drag the case out, deceiving him or herself they may get a more favorable outcome. So I suppose there IS place for dishonest and incompetent experts afterall. But remember, the attorney does not want to wind up with egg on his or her face either from a dishonest or incompetent expert.

As many of you know, I am a member of the Vidocq Society and as such have extensive contacts w/the FBI and the Justice Department whom I have asked to look into these practices to determine their legality-the ones about setting up “bogus” web sites.

I often function as a confidential consultant to other document examiners to assist them in cross-examination of any expert who employs such tactics. These “parasites” don’t even know I am involved. That is what a confidential consultant is. I have had cases where I have assisted attorneys testing the knowledge and skill of an expert where the expert answered: “I don’t know” twelve times in a row, prompting the judge to turn and ask: “Well, sir, just what do you know?”

As long as an expert is being totally honest and ethical in their practices in a case where I am involved or have bween conculted, they have nothing to fear from me.  The entire field of Questioned Documents can be ruined from the devious actions of a few and these people need to be persuaded to pursue another career if they continue their devious acts or suffer the consequences.

If there is anyone who can shed any further light on this, please call me.

I have not as yet named any individual or group but will do so if asked under oath since, as all experts know, you can not be sued for anything you state under oath or in any pleasings in the case.

These practices simply must STOP and if I have anything to say about it-they WILL.

Up to now, I have been talking about bogus web sites that target a particular expert.

As for ads that are deliberately placed above or next to another expert. At this point the ads are legal but the purpose MAY  be the same. But just as it may be legal for an expert to place an ad in this way to target me or anyone else, it is also legal for me to offer my services to attorneys as a confidential consultant, who have cases against those experts and request copies of prior transcripts and look for contradicitons in the testimony or such things as resume’ enhancement, or to test their knowledge of the field so they may be impeached. If the contradicitons in the testimony are serious enough, they may warrant being turned over to the DA or attorney General, but in any event, if they are found on the record, rest assured they will be published on the net if they are not already.

In our litigious society, any one can sue anyone for anything, but the danger of a dishonest or incompetent plaintiff suing someone is, the defendant gets subpooena power to expose their lies and incompetence. One must keep that in mind if they are considering litigation. Like I said before: People who live in glass houses need to think long and hard before they start throwing stones.

Sincerely,

ROBERT J. PHILLIPS

DOCUMENT EXAMINER

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