May MVCA meeting focuses on selection of experts for claims litigation
Determining the best use of experts for claims-related litigation can be a complex task. To address the many elements of making the best selection, and things to watch out for, at the May 18, 2007 luncheon meeting of the Mid-Valley Claims Association was attorney Josh Stevens.
The crowd was welcomed by 2007 MVCA President John Tucker, of GB Bragg & Associates, Inc., followed by the Pot of Gold and door prize drawings, and general association announcements, before President Tucker introduced the guest speaker. The upswing in attendance this year is continuing to keep the folks at Dave Wong's on their toes. Reservations are encouraged.
Mr. Stevens, an associate with the law offices of Kroloff, Belcher, Smart, Perry & Christopherson in Stockton, gave a concise discussion of variables and potential pitfalls in effective use of experts. Beginning with a definition, "what is an expert", Mr. Stevens moved quickly through the whole process.
"By statute, an 'expert' is somebody with knowledge, skill, or training 'above the common knowledge'," he stated. You don't necessarily have to have a degreed individual, but rather someone with indepth knowledge in their area of expertise, he explained. "Have a conversation with them before they put anything in writing," he recomended. Consider what they'll say before you put anything in the file.
The three most important factors to look for in determining an expert, he said, are whether they are "knowledgeable, likeable and believable."
It's also important, Mr. Stevens said, to ask whether your potential expert has spoken with the other side. "Have them sign something saying so - otherise their testimony could be considered tainted," he stated.
When to bring an expert in generally depends on the facts of the case, he said. "If the other side has one you probably should too," he stated flatly. "Both sides must disclose their experts, and schedule them," he added.
Communication, as in most things, is vital, according to Mr. Stevens. "Communicate what level of expert you need, be it 'Cadillac' or 'Honda'," he said. "Factor in how much participation you need from your expert," and, "most importantly, stay in contact with your expert. Talk early and keep in touch."
In other announcements on the day, MVCA Golf Tournament Committee member, Frances Hewitt, of Tucknott Electric Co., gave an update on the upcoming 42nd annual Mid-Valley Claims Golf Tournament. To be held back at Dry Creek Golf Course in Galt (right off Hwy 99), the tournament committee has decided on a "Hawaiian Tropics" them for the June 29th event. So, now is the time to get your reservations and sponsorships in. Contact Frances, or Keven Crabb, or complete the Golf Form and send it in ASAP.
Thanks to all our May Meeting Door Prize Contributors |
