As one who has worked in the legal profession for over forty years as an expert, one would think that I, of all people would be able to find a good lawyer if I needed one for my own litigation.

Well, to be honest, I have been involved in litigation of my own  a number of times and until recenlty,  I made the same mistake that many people make; Asking for referrals from attorneys I know or contacting the bar or lawyer referral services.

Now seriously, do you think the bar association or a referral service REALLY knows wh the best lawyers are?

Well, after all this itme, I realized, strange as it may seem, that the best lawyers are the ones who WIN thier cases and that information IS publicly available and just as I realized long ago by asking lawyers I have worked for whom my testimony has helped them win their cases, a lletter from them saying so, such as those you see on my web site are worth their wight in gold.

So why should not the same be true about lawyers who actually WIN their cases.  The information IS available–just ask them: “Mr. Lawyer, how many cases have you tried over the last four years(experts are required  by federal rules to list their trials for the last four years)” Why should lawyers not be required to do the same? The information IS publicly available and if an attorney refuses to provide it, what does that tell you: NEXT. The ruyb often is that most cases settle, but that information IS avaiable. The IRS has a keen interest in how much money a lawyer pocketed from a settlement.


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Before I go into detail about any of the cases I am going to discuss, I want to make it clear that this blog is an exercise in free speech and the comments I am making are truthfull, to the best of my ability from actual cases in which I have been involved, most of which are in the public record and are in the context of litigation and as such are protected free speech. One can not be sued for telling the truth in court, otherwise no one would be willing to testify about anything. People may not like my opinions, but that is exactly what they are, my opinions and to retaliate in any way by anyone constitutes actionable slander if those comments are false.This blog is not meant to be a reflection on honest, hard working and compassionate lawyers who have a sincere desire to see that their clients get justice in the courts.

That being said, I think it is time for me to tell the truth, as I see it regarding what goes on in “Special Civil Part” in Camden and I can assure you, it is not pretty. The law is frequently ignored, especially if the litigant is poor and doesn’t have an honest and competent lawyer, the likes of whom, I will discuss below. I can not speak of other courts around the country, having testified in just ten states, but I am sure the same thing goes on in other poor districts. The poor are powerless when it comes to getting justice.

An old friend was quick to remind me that the majority of lawyers and judges are honest and competent and want to do what is fair, objective and honest, but I pointed out that it is the other forty-nine percent I worry about, partially with “tongue in cheek”.

Living in Camden County as I do, if a lawyer or client has a legitimate beef with my services they have to come to court in Camden and since my retainer is well below the threshold for the Law Division, that usually means Special Civil Part.

As one who has been a practicing Document Examiner for OVER 40 years, I obviously have been in front A LOT  of judges in my 500 court appearances since 1976 and I have to say that the judges I have encountered in Special Civil Part, though not all of them, have been among the worst I have EVER encountered. Given the lack of repercussions of most of their rulings since they usually involve poorer litigants, many of the judges feel  say stupid, biased unfair or outright dishonest things on the record, knowing they are not likely to be challenged At the top of the list was judge Laskin, whom MANY attorneys had complained about before he retired. As the story goes, he was a State Senator who got booted out of the Senate by the Norcoss family then begged Governor Whitman to appoint him to the bench, according to a story I read. I wrote a blog about him concerning the case of Hadassa Azizi, a woman who cheated the tax payers of NY out of a million dollars of sales taxes by conspiring with her business partner to forge her signature thinking that somehow excused her from paying sales taxes. The court disagreed and she had to pay $177,000 in taxes from her liquor store. She hired me to render an opinion on  her tax documents knowing they were forged by her partner. When she lost in court and, of course never paid me to come to court, she blamed me for losing her case and filed suit to recover the $4300 in fees she paid me and in an unfortunate twist, I had another client with the same name, if you can believe it and I grabbed the wrong file going out the door and was unable to defend myself. This problem could have been easily resolved, if Laskin allowed me to retrieve my file over the lunch break Did Judge Lasking allow me to go back to my office over the lunch break to get the correct file? NOOOO. Did he agree to delay the case even though I asked NINE TIMES ON THE RECORD? N0000!!!!. Every word she uttered on the stand was a TOTAL LIE!!!.

The result was a $4300 Judgment which I appealed myself and argued this  in front of the Court of Appeals leading to another absurdity when the judges failed to overturn Laskin’s ruling and allowed Azzizi’s crime and perjury to stand.

There were other absurdities involving Laskin such as the case of Thompson V. Thompson where my client, represented by Betsy Ramos, Esquire of Capehart and Scatcherd brought suit on her client’s behalf suing his own mother. Thompson me when he lost the case, saying he paid me to come to court and I didn’t and he lost as a result. The only problem is, I hired a driver to take me to court in a driving snow storm only to find the court closed. That fact didn’t stop Lasking from finding judgment against me.

Now fast forward to this year when another dishonest lawyer, Eldridge Hawkins filed suit against me to recover moneys he claimed I did not earn, but he didn’t stop there. He went so far as to accuse me of running a criminal enterprise under RICO, the government program designed to arrest mobsters. He sent me a $1000 check to review FORTY PAGES of nomination petitions on an emergency basis over the weekend. This was a PRELIMINARY  opinion to see if he had a case. Is anyone that stupid to think that an expert of my experience and credentials(www.DocumentExaminer.Org) would do such an analysis. Well apparently the arbitrator in the case was. I took extensive notes of my initial conversation that I have now located, of the  call with Hawkins(Which the NY Supreme Court has ruled has the same legal value as my recording of the call that I can not locate at the moment.) It is clear Hawkins testimony was a total lie, But what amazes me is that Judge Raganes, the Law Division Judge to whom I transferred the case didn’t laugh the guy out of the court room and throw out his case right there-another dishonest lawyer protected by a Camden judge But it gets worse, The judge assigned it to arbitration and arbitrator Ryan found in Hawkins favor  because I didn’t have a written contract totally ignoring my testimony with his BS, that even my wife saw through.

These “hearings”  are a boondoggle for the courts and they unjustly enrich lawyers(who by the way, are mostly white in black Camden) who do very little and can rule any way they want without fear of consequence. Is it any wonder the same lawyers sign up over and over and over for this work.

What needs to happen is that ANY suit filed in Special Civil, Small Claims by a non attorney, needs to be reviewed by a competent attorney to determine the case has true merit with the proof being presented at the time of the filing.

The unspoken part of all this is the time and expense needed by the defendant to defend such claims, which are often without merit. It is simply not fair for someone to have to pay an attorney hundreds and perhaps even thousands of dollare to defend a case that is without merit, not to mention all the agravation the defendant has to do through which can be damaging to their health.

Please send your opinions to the court in Camden County or any other court you feel has not treated litigants unfailrly because they are poor

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Honorable  Mayor James Kenney

Some time in 2016, I sent you a letter regarding the above and received a form letter back from one of your staff that basically skirted the question. I wrote you a letter dated July 18, 2016 addressing the issue and your insulting reply.

My question to you was rather simple:

What is the racial and gender make–up of arbitration panels picked to hear civil cases in the Philadelphia Courts and of those cases where the ruling is appealed, what is the racial and gender make- up and income of the Appealing litigants?

My, informal review of these questions through public records reveals that the panels are mostly white male attorneys and the attorney and  their clients are mostly middle class white men and women. This question should be easy for your staff to determine. It is a VERY objective question. Very few poor litigants are able to afford the high cost of appeal from rulings of the panels the  panels who can basically rule any way they want and are not required to give reasons or even  cite case law. The system is a farce for anyone but the wealthy. Working with attorneys as I have for over forty years it seems attorney simply don’t want to assume the cost of filing an appeal, much less any experts that may be required. The losers, of course those without money which because of the staggering increase in the cost of litigation is including more and more of the middle class

Given all the recent  talk of racism  in the news, I doubt very seriously whether your office would want to give the appearance of same yet you express little interest in addressingwhat I believe to be an obvious and severe problem. Buryiing one’s head in the sand is not the answer. The ones who can least afford it are being seriously hurt by your inaction

If you recall, when I first wrote you about this, I told you the story of my mother who always told me: “Remember Bob, the constant drip of water can wear away a stone” It was her way of saying: “Don’t give up”. I cited you the example of my caling Congressman Andrews office EVERY DAY for two and a halp years to get an appoint.

I looked the Congressman right in the face and asked: “At what point did your realize I wasn’t going away?” And further: “You don’t want it out in the public that I had to call your office EVERY DAY FOR TWO AND A HALF YEARS do you?”

One of my favorite movies is “The Shawshank Redemption” If you saw it, you understand why. If you need to. I won’t give it away.

But my point is, you need to step up and address the issues I have raised. If there is no racism, you have nothing to worry about. If there is no racism, you have nothing to worry about. A recent segment on “60 Minutes” addressed the inequalities found in the Public Defenders offices when it comes to inequality concerning poor litigants the result of the research did not bode well for you and the city of Philadelphia as well as most other cities.

I won’t take up more of your time, but I DO WANT AN ANSWER TO MY QUESTION.

Knowing that you are quite busy, I think a month is more than enough time to tell me how you plan to address my questions.












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For the average person who cant afford a lawyer to take their case, as long as you feel your case is valid and you have the facts to back it up, presenting it on the net may be the answer and let the public decide. It won’t get you money usually, but it may get you vindication and may help others in the same boat

I think we can all degree that access to the legal system is no longer available even to the middle class individual. Even those avenues designed to help them such as “Small Claims Court” and Arbitration are a farce to many who have tried and failed in these venues

But “social media” will certainly get your issue to the public, faster than the courts will and you may get more action quicker than tying your case up in court at great time and expense. You may not get much money doing so, but sometimes all people want is vindication for their grievance and want people to hear them.

There are likely tens of thousands of legitimate cases each year in this country that never see the light of day in a court room because some lawyer doesn’t think it is worth the effort no matter how valid it may be. These lawyers are NOT interested in justice, just making money and the well meaning lawyers who work at Legal Aid groups are so overwhelmed, justice is not possible, as was recently pointed out on “Sixty Minutes”. The system is broken, thus justice is not avalable to the poor and powerless.

We are here on this earth to help people. Pleading your case on the net, as I said, may not get you money uusually, unless your story is SO unusual that it is fodder for a book but it MAY help others to avoid the problem you encountered or they MAY be one of those individuals who CAN afford a lawyer and you may help them with their case. As Jesus said: “Bread cast upon the waters comes back ten fold”. It is ALWAYS  a good idea to put your info out there because you just don’t know who you are helping and who may help you. And it is not just legal matters but anything. As Dean Del Tessto says in his book: “Change Your Thinking” Google your problem and you might be amazed at who has the same problem and also the answer for you. This is another reward of searching the net that was not previously available and the cost is minimal but it also emphasizes the need to post your story as long it is true and can be verified. You are always entitled to your opinion about anything as long as you label iti as such.

Perhaps we need to go to the system in England of “loser pays”. Or allow paralegals to file cases  for arbitration with automatic appeal by either side,  should the case fail to settle. The whole idea is to allow EVERYONE to address their grievances and have a chance to be treated fairly  and feel they are being heard and yes obtain justice.

Your thoughts are appreciated. Please contact me on Facebook, not here-too many worthless spammers. Robert J. Phillips, Associates. You may also call my cell 856-278-1360 or email DocumentExpert@Comcast.not. Spammers will be blocked so don’t waste your time.

You just never know who might be reading your blog. You just have to be PATIENT AND PERSISTENT, like my mother allways told me as a child. You just can’t let them win. so whatever your method, bug them EVERY DAYuntio you get the answer you deserve.

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Lately this has become an all too frequent occurrence. Not only are attorneys NOT paying experts in contingency cases, they are requiring their clients to do it, who often can not afford the thousands of dollars it may take to hire a highly qualified and experienced expert. The result is that they hire unqualified and often incompetent “experts” because they are cheaper. The result is often the cause for the client losing his/her case or settling for a MUCH lower settlement. Many incompetent lawyers reason that 95% of all cases settle anyway and as long as their expert’s opinion is correct(and all they have to do many times is flip a coin and they have a 50% chance of being right.) then they should be able to get their client SOMETHING.

The end result of all thiis that many clients can not afford to hire ANY expert and without an expert that the lawyer doesn’t want to pay for the case goes un prosecuted and an injustice occurs. Strike up another victory for the wealthy who can afford top lawyers and expert. Oh, the poor have community legal services you say? A recent story on “60 Minutes” showed how these young, inexperienced, though well meaning attorneys are NO MATCH for an experienced attorney and it seems the courts simply look the other way even though many civil cases are open and shut, if the attorney would only bother to dig for evidence and hire top experts. But this is pretty well impossible when a young eager attorney comes in to find 40 cases on his or her desk for the week and a budget so low, hiring top experts is impossible.

You have to understand that ALL injustices are addressed in some way eventually and the result of that can be  a disaster as the victim of all this seeks to address his injustice in not so nice ways, whether it be criminal activity or abuse in some way. It is within al of our best interest to see that EVERY litigant is treated fairly and not just disposed of to lessen the overload on the courts. Arbitration is often not the answer as it is often seen by lawyers to make a quick buck for a couple hours of work with little or no consequence. They basically can rule any way they want because they know that the poor,, minoriities etc can not afford to pay a competent lawyer to apeal.

Well what is the answer? If average every day people can sit on juries and rule on matters of life and death, why can’t they sit on arbitration panels and decide law suits knowing that if they make a major mistake, then the matter can go to a single judge to make the final decision.

We also need to adopt the British system of “loser pays” which forces MORE SETTLEMENTS because no one wants to take a chance on a weak case such as a frivolous law suit, which are filed by the thousands in the US because the plaintif knows it will ocst X to defend so they will accept ANY offer, knowing they have little chance to win. There are lawyers who make hundreds of thousands of dolars that way, filing frivolous suit after frivolous suit knowing they won’t have to pay legal fees if they lose.


The system is broken and no once seems too eager to fix it because a LOT of people are making a LOOT of money off of it..


I am certainly open to suggestions. You may reach me on Facebook. Responses here are not read, thanks to all the spammers. ALL SPAMMERS ON fACEBOOK WILL BE BLOCKED. If you want to write me, you can send comments to my PO Box 2125 Haddonfield, NJ o8033



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There was a time when the legal profession in the United States enjoyed a great reputation around the time of our founding fathers culmination in the example of Abraham Lincoln, not that there haven’t been great lawyers since. But it seems the great lawyers are few and far between these days. Lawyers are some of the most hated people and their suicide rate is among the highest of most professions. I wonder why that is? After all, complete command  of one’s  profession as a lawyer, allows him to wield great power in any legal situation, but as I quoted Lord Acton to Judge Gawthrop when he blasted my testimony as an expert in a major case: “Power corrupts and absolute power corrupts absolutely” He demonstrated his principles and integrity though, when in the same case, he later reversed himself saying” With reference the testimony of Mr. Phillips, the court should eat crow” when he admitted I was correct n my testimony then dropped dead not long after, going to heaven an honest man.

The problem is though that even if a judge is dead wrong, the cost of appeal for the average person is beyond their reach and most lawyers will not take the time to proceed to correct an injustice on principle and there is no recourse for the litigant victimized by such an injustice and the answer they get when they raise it in the media is “tough, we have more important things on our mind” like Action News in Philaldelphia recently reported on the late news as I was trying to go to sleep about the poor women killed in a head on collision(something that could happen to ANYBODY) when a drunk driver or distracted driver loses control of their car), leaving a husband and two small children behind. This is certainly tragic, but how is it news and what GOOD does it do to report it. All it accomplished for me was to make me  worry about the poor husband left to raise his two small children alone.

The average person no longer has the ability or finances or interest of anyone who could help to correct these injustices. But what is more tragic about that is that no one cares or is willing to help correct problems like this.

The legal system is simply NOT available to even the middle class any more so they have little hope of finding justice against a wealthier adversary who may be totally wrong n his action but has the money to wear down a litigant who cant pay and the judges who have SOME AUTHORITY TO CORRECT THIS LOOK THE OTHER WAY OR WORSE.

ACLU is a waste of time. They are only looking for major publicity

People need to speak up, but most are not like me who called Congressman Andrews office EVERY DAY FOR TWO AND A HALF YEARS to finally get action.By not speaing up to correct these problems, we ultimately have ourselves to blame.

Today, with Social Media, it doesn’t take much to bring these problems to public awareness, but we still need to ACT. Lawyers and politicians won’t do ANYTHING unless forced, even when they know the person is correct in their assertions. They don’t want to do anything that is not popular even if right because getting re-elected is more important than integrity and principle. They don’t want to give up the “gravy train”.

How bad do things have to get before action takes place. As for the law, one place to start is to get rid of lawyer ads. Most people find them DISGUSTING and we existed without them for years. They only encourage lazy lawyers to look for ways to make a quick buck with little effort, not actually help people. They don’t fight for the client. As soon as ANY offer is made, they convince the litigant to settle, lest they lose(and of course the lawyer gets no contingency fee-that is if the litigant is lucky enough to find a lawyer to work on contingency. Forcing the client to pay means large numbers of litigants don’t get justice because of the cost..

Most people are not at all pleased with our legal system today, unless they are wealthy, in which case, some llawyers will greatly pad the bill when there is a deep pocket

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I went to the Phillies game last night with a dear friend of 13 years and her husband. When I first met Eileen, there was an overwhelming attraction which I could not understand.I fell deeply in love with her. Being married already, I KNEW that nothing could come of this intense attraction I felt but I had to understand why I felt the way I did at the time, with this beautiful, kind and spiritual stranger. It just so happened then that I was saying a Novena to St. Theres, “The Little Flower”. I was having a hard time emotionally and needed a friend. When you say a Novena to St. Theres, you are supposed to see a rose or roses. So that day when  Eileen and I were parting, she handed me her photography business card. It was a rose. I told her: “You are an answer to a prayer”  and she has been all of these years. She was truly a gift from God that I needed at the time and still do.

Just around that time, I happened to see a show on TV about reincarnation. Accident? I have come to learn over the years that there are NO accidents on this earth. God is in charge.

But before I go on, I want to say a word about reincarnation. A man I met at the Haddonfield Post Office, by chance(there we go again) is an expert in esoteric forms of yoga and we formed a bond as I was taking yoga classes almost every day on that topic as well as other forms of Yoga. Mahir was his name and he explained that Hindus and many other eastern religions believe in reincarnation. In fact, there are TWO BILLION people who live on this planet who do. Catholics generally do not, but cave writings found in 1945 dated to 100 AD profess to claim that Jesus Christ spoke of it. As the story goes the writings were destroyed and members of the sect were burned at the stakeand a subsequent Pope ordered that all references about reincarnation be removed from the Bible.

Well, Mahir explained that if you are living on this earth, by nature you are imperfect(as all religions believe) and when you die, you will die as an imperfect being, so by nature, this means that you MUST return in another body on your quest for perfection. You have no choice. It WILL happen.(although Newton(see below) suggests from some of his hypnosis sessions, the soul can request it NOT return in the flesh, but instead it returns as a spirit guide to people in desperate need  on earth which may include most people) Mahir explained that it may take millions of incarnations over millions of years to reach perfection which is up to us and since there is no such thing as time in the spirit world it may take eons of time to reach that state as Mahir explained.

This brings me back to Eileen and the strong attraction. Around the time I met her, there was an instant bond I could not explain. I also, had a strong emotional reaction to anything involving the US  Civil War(which was anything but civil, btw)I also came across a book by a Dr. Newton called “The Journey of Souls”, all about reincarnation-another coincidence? He was a therapist who used hypnosis in his work to treat patients early trauma and one day with one of his patients under hypnosis, the patient spontaneously went back into a past life that was greatly impacting the problem for which he was having therapy in this life. A whole branch of psychotherapy resulted from his work called “Regression Therapy”Dr. Newton reasoned that if a patient can go back to a past life by accident in a therapy session, he thought that maybe he can do this on purpose. He could. And over 30 years, he regressed HUNDREDS of patients and to his amazement found they all shared a  common “journey”, hence the title of his book. Other research by Dr Ian Stevenson of the University of Virginia, detailed in his book: “Sixty cases Suggestive of Reincarnation” detailing amazing cases done under hypnosis such as the case of a young boy who had died at a young age in his previous life who told the hypnotist that as a young boy he made certain markings in a book in the library as a child and when the book was retrieved years later, there were the markings the patient had described from his previous life.

So after I read this book, another coincidence happened. I saw a TV show about a Dr. Bowman, who was a specialist in past life regression hypnosis and protege of Dr. Newton and lo and behold, she was in the Media, Pennsylvania area, not far from me, So I made an appointment. This amazing confluence of cynchronic events under hypnosis lead to the explanation as to why I was so overcome with grief by the Civil War and so in love with someone I barely knew.

It was in that session I learned of my extreme bond to Eileen and my extreme sadness about the Civil War. I remember when my wife and I visited a friend who taught at Sheppard college in Sharpsburg, Pennsylvania which was near the Civil War battlefield of Antietem. I often ask people the trivia question: “What day in September did thousands of American die?” They always say 9/11, 2001. NOOO. It was the battle of Antietem where 25,000(if you can only imagine) were killed or wounded IN JUST ONE DAY!!!. My wife and I visited the battlefield. I knelt by the grave markers and cried and sobbed uncontrollably.

So as it came out in the session, I was killed in battle during the Civil War as a confederate soldier and the interesting part was that I was knocked off my horse and the Union soldier  clubbed me over the head with his rifle butt splitting my head open and held me under water, filing my skull with water.

As Dr. Bowman was imploring me to allow my spirit to “go to the light”, something kept pulling me back so she said: “Let’s see who this is that is pulling you back”. IT WAS EILEEN, CRYING  PRAYING FOR ME(It is often said by spiritualists that if you pray for the dying, it holds them to this earth when they really need to “go to the light”) I could see the clearest image of Eileen and that of a four year old little girl who looked just like her holding up her arms  for “daddy”

So as the hypnosis session ended, Dr. Bowman asked: ” Aside from meeting Eileen and learning about your death in the Civil War what did you bring from this past life to the present?” As I looked at my body in the water and  head split open full of water, I said spontaneously: “A head full of water”(the title of my book about my hydrocephalaus) an obvious reference to the SEVERE hydrocephalus I lived with whom Dr. Grady, a top brain surgeon once remarked about: “I have only seen five patients with hydrocephlus as severe as yours and they were ALL profoundly retarded–all the rest were dead. Yet you have an IQ of 133.” He pointed to the third ventricle of my brain which had a hole in it and explained that hydrocephalis infants today get a procedure called an ETV(Endoscopic third ventricular ostomey, where a hole is made in the third ventricle to relieve the pressure on the brain. That didn’t exist in my time so the question remains: “How did the hole get there?” My mother claimed it was because her father,a devoutly religious and brilliant man who got his Masters Degree from St. Joe”s College when he was just 16 said a Novena to the Blessed Virgin and the condition suddenly arrested itself(the brain created a hole EXACTLY where a surgeon would have put it, but I was never operated on since there were no scars.) To this day, I keep a lighted statue of the Blessed Virgin(which belonged to a dear aunt who died of cancer when I was 17) on my night table at night and can’t sleep without looking at and praying to  her.

So here I was, killed in battle leaving a wife and small child to fend for themselves. It came out in the session that I volunteered for the army and could have avoided service due to the wealth of my father who was a plantation  owner with many slaves Such  scenarios were   repeated thousands of times after young men with a wife and child are killed n battle over the years. “Oh when will they ever learn” as the song goes.

Another concept of reincarnation is that when you die, is if you have unfinished business such as I just alluded to, with someone you leave behind, your soul will search and search for the spirit of that person to satisfy the karmic debt.

Such was the case with Eileen until that fateful day in September of 2003 when I met her walking around Audubon lake taking pictures of the swans and ducks. I was walking my beloved Golden Retriever Gracie who proceeded to scatter all the ducks and geese when Gracie saw her and wanted to say “Hello”. As she told the story: “I wondered who this rude man was who couldn’t control his dog, but out of Christian, love, I  decided to forgive” and I am glad she did.

So finally, this brings up the point of this blog. How many times is the scenario of Eileen and I and my death during the Civil War leaving her with a small child to raise? Over all recorded time, it must be hundreds o f thousands, if not millions of times. They say that when you die leaving a wife and small children, in another life, your soul MUST find that soul to make sure they are not abandoned AGAIN and take care of them. My soul found Eileen and I am happy to say, she has found someone who loves and takes good care of her. I met him at the Phillies game last night and thanked him and told him how grateful I am he is taking care of a dear friend I have know for thirteen years and I am relieved she is safe and protected.

So what is the answer to all this. Perhaps it can be found in the final verse of “The Minstrel Boy” a Civil War ballad Which begins:

“The Minstrel boy to the war has gone, in the ranks of death you will find him.

His father’s sword he hath girded on, his wild harp slung behind him….”.

The last verse reads:

“The minstrel boy will return one day, when we hear the news  we will cheer it.

the Minstrel Boy will return torn we pray torn  in body but not in spirit

And he will  live in a world such as Heaven intended

And all the bitterness of man must cease and every battle must be ended”


Bob Phillips

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Expert reports and testimony only have value if they are: Honest, detailed, relavent and comply with prevailing case law and accepted scientific authority. Experts who meet these criteria seldom disagree in the matter in question with the opposing expert-perhaps 1% of the time.

It then comes down to the expert’s ability to convey those findings in a detailed, thorough and objective manner that does not contradict itself or ANY prior testimony on a similar case.

Unfortunately that is seldom the case.

Since 95% of all cases settle many lawyers reason why bother to hire a highly qualified experienced  and expensive expert  for most cases, especially if the other side doesn’t have one since as is the case with my work, signatures and writing can be proven can be “proven” with the testimony of someone who is familiar with the writing of the person whose signature is disputed as long as the opinion is not biased for any reason and is honest. Credibility of the witness goes to the weight given to it.

But herein lies the issue of the client contacting the expert and NOT the attorney. In signature cases, the client is seldom objective and may say or do something to try to influence the expert’s opinion. Honest experts DO NOT put themselves in that position even though they may be totally honest. You simply can’t stop a jury from believing otherwise because of the public perception that experts ALWAYS  disagree, which is certainly NOT the case. Dishonest experts disagree not honest ones, but lacking the experience of most  judges who have seen it all, laymen can’t always tell who is honest and who is not. There are MANY experts who make a very nice living slanting the truth to take advantage of the ignorance of a jury or even a judge. Experts are experts becasuse they do in fact know more than the judge and jury, which is why it is imperative to show in court that the expert IS in fact following the prevailing science and case law and has done so in ALL of his.her prior cases. This is exactly why the attorney MUST take command in ANY case where an expert is involved.

But today, not only are attorneys NOT hiring experts when they should, but they are abandoning their responsibility by letting the client do it, given what I said above. They are playing Russian Roulette with the case to simply save a few dollars in a case that will settle anyway. They simply don’t understand that the value of a good expert will win them substantially more than the fees that expert might charge. So not only are they CHEAP but LLAZY too. So they make it up on volume. The name of the game for some lawyers(many?) is minimal effort and expense/maximum gain–and certainly NOT justice for their client who is in the dark about a lot of these things and will not liely succeed in a malpractice suit even if they were unless the violation is egregious. Unfortunately being cheap and lazy are not unethical.

What is more egregious is the thousands of legitimate cases that go unprosecuted because the lawyers deems they simply just won’t make enough money to justify the effort. Many lawyers think the matter is a loss if they don’t recover MORE than what their hourly rate is for the time they spent  as if they are entitled to a dividend for doing what they should be doing anyway–their job.

I can’t even begn to count the number of cases where I earned hourly fees that FAR exceed the actually hours I spent on the case, but I still made money which as one old lawyer friend told me: “its better than a shap stick n the eye” but MOST importantly, I help the client  get SOMETHING. I am reminded of the litigant who complained to the judge about not getting justice in hiis case and Oliver Wendall Holmes stated: “Sir, this is a court of law, NOT a court of justice.

This is EXACTLY what you can expect if the attorney allows the client to have ANY contact with the expert outside of their presence and without their knowledge and consent. The attorney is the manager of the case and MUST know everything that is going on and will only have themselves  to blame if they lose. How do you stop a jury from believing the testimony was NOT tainted? You don’t

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