The Power of Perspective: Three Steps to a Powerful Expert Perspective

1 Being a neutral observer

I review all the depositions and documents taking reference to techniques, procedures, and timelines from the perspective of the neutral observer at the time of the event. I overview the incident replicating the situation. I mentally run through the event from start to finish including the pre-and-post events. I examine the timeline of the event paying special attention to all the testimony from those who were there at the time of the incident. By doing this I gather the information that will be helpful in forming my opinion.

2 Asking - How did this happen? What could or should have been done differently?

I revisit the incident again through the perspective of each party participating. I question the facts from each perspective. I ask the question from each perspective, "What actually happened here?" If this incident was to be reproducible, "What would have to occur?" As I am reproducing the incident there is a comparison to the given testimony. I look for the unanswered questions: who, what and where and most importantly in what order. Using this approach I find that I can spot the reasons why the incident occurred, identify the procedural steps that were missed and find more points for further research and investigation.

3 Asking - How do I summarize and communicate this incident in a way that is clear and understandable to the legal professional?

I revisit all the data and notes one more time from the perspective of the neutral observer. I ask, "Have all the questions been answered in such a way that explain the result?" As my summary and report are drafted I work with a paralegal and legal team to insure proper legal format is in place (Rule 26). This process and analytical approach dramatically improves the presentation of the case in a written report or oral testimony.