I have been an expert for over 40 years having appeared in court over 500 time since my first testimony on January 13, 1976 for David P Brown III, a truly fine lawyer. I wish I could say I have encountered a better lawyer, though there have been many just as good. But lately they seem few and far between.
As I think is true w/many segments of the business community today. It seems that the thrust seems to be minimum effort, maximum gain, which is one reason, at this stage of my career I am pretty much only taking cases from prior clients or referrals from prior clients whom I feel I can trust
I am trying to focus on finishing the fours book I have started to write, in some cases years ago so therefore, cutting down on my work load. The problem is, there are few Handwriting Experts around who can match my experience, background and knowledge, which I have gained through GREAT effort on my part.
The problem as I see them are basically three fold. 1-There is little incentive for SOME attorneys working on contingency to spend money for a highly qualified expert like myself because it means less money for them and since 95% of cases settle anyway, many clients are pleased to get a settlement even if it is for an amount that could have been much higher with a little more effort from counsel. The client doesn’t know that, however.
2-Because many lawyers don’t want to spend the money unless there is an excellent chance of recovery of a large settlement, they are allowing the clients to contact the expert directly-a MAJOR mistake since those conversations may NOT be confidential and clients are eager to “argue” the validity of their case for which the expert can be questioned and an inference drawn by opposing counsel the opinion is not objective and thus tainted. Even though many clients ARE honest and DON’T try to influence my opinion, that will not stop opposing counsel from trying and if it is in front of a jury, no one really knows what jurors are thinking. There is the perception that if one side gets an expert, the other side will get their expert to reach an opposite conclusion. The sad thng is that there are many dishonest and incompetent experts who are willing to do that for the right price hoping they will not be thoroughly cross examined which often doesn’t happen. What happens instead is the client of that expert is forced to settle for a much lower amount in their settlement, though it is doubtful their attorney will admit that
3-MANY injustices occur because the amount of time needed by the attorney to prove the case is just too cost prohibitive and surely opposing counsel sensing that will do everythng in their power to delay the matter if they feel there is a chance they can lose, but sense the attorney just doesn’t want to put out the necessary effort.
Then there are the countless number of valid cases that never see the light of day because there is no money available to prosecute them, Community Legal Services Aside. Such attorney, though they mean well, just don’t have the knowledge and experience to prevail unless the case is “Open and shut”
The bottom line of all this is that even in ever increasing numbers this is not just a problem of the “poor” but the middle class as well. Vast numbers of people NEVER see the inside of a court room nad I have not seen a great hue and cry over that. Which is SAD.
If you are wealthy, you can ANYTHING you want and I don’t see a lot of judges protesting too loudly about that and in fact have even encountered judges who don’t want the poor or middle class in their court room.
If anyone can offer solutions to these problems, I would certainly be open to them. I don’t think the media cares about this. After all, if they let hundreds of children die of the flu, when it was cured in 1959 in one day w/IV Vitamin C by Dr. Klenner, why should they care about this
But please feel to write about this and PLEASE pass this along