FAQs
Common questions about how I work with counsel as a consulting expert.
How is a trial consultant different from an expert witness?
An expert witness gives an opinion and defends it. I work for counsel behind the scenes, testing expert evidence on both sides before it reaches the court. I spent 26 years as the witness under cross-examination. I now use that experience on counsel’s side of the table.
Who are your typical clients?
I work for attorneys: plaintiff and defense counsel, prosecutors and public defenders, and in-house counsel. Insurers and transport operators engage me through their litigation counsel. I do not take instructions from members of the public.
What are your qualifications?
Certifications from Texas A&M University, FARO Technologies, ARAS 360, and SAE International, alongside a forensic science qualification (NQF 5). Accepted as an expert witness from 2000 in South Africa, across Africa and internationally. Now a consulting expert to attorneys across the United States.
Are you a “hired gun”?
No. I do not manipulate evidence or tailor advice to suit a desired verdict. I work for counsel, but my advice runs to what the evidence can support. Telling you where your own expert is weak is part of the job.
What is the IBF Protocol?
The 124-point method I developed for collision scene investigation. I use it to test whether an opposing investigator followed any structured method at all.
Can you decline an instruction?
Yes, and I do. I decline matters that lack scientific merit, that would require compromising independence, or where the available evidence cannot support a reliable analysis.
Can you assist with trial strategy and cross-examination preparation?
Yes. This is the core of the practice. I isolate technical vulnerabilities in opposing evidence, explain complex physics and mechanics to the legal team, and prepare counsel for depositions, Shreck and Daubert hearings, and the cross-examination of experts at trial.
Do you review opposing expert reports?
Yes. I audit the methodology, assumptions, calculations, and evidentiary support behind an opposing expert’s report, and provide the technical basis for Rule 702 reliability challenges, deposition strategy, and cross-examination. I review your own expert’s report before disclosure too.
Do you testify?
No. I am retained as a consulting expert and do not testify, so my work is ordinarily protected from discovery and serves your case alone. If you need a testifying expert, I can help you define what the expert must address and review their work.
Do you provide training?
Yes. I train attorneys, investigators and law enforcement on how expert evidence is built and tested. See Training.
Can you assist commercial transport and fleet operators?
Yes, through their litigation counsel. I review crash reconstruction, hours-of-service and maintenance evidence in commercial vehicle cases, for plaintiff or defense counsel.
Do you attend scenes?
No. I tell counsel what must be preserved and inspected, and what the inspecting expert should document.
What types of matters do you handle?
Civil and criminal matters in which expert evidence on a physical, scientific or technical question matters: personal injury, wrongful death, product liability, insurance, commercial, and criminal prosecutions and defenses.
Do you work with attorneys across the United States?
Yes. I conduct report review and preparation remotely for counsel anywhere in the United States, under Federal Rule of Evidence 702 and Daubert, and the equivalent state standards, including CRE 702 and Shreck in Colorado. Hearing and trial support is in person.
Can you assist with matters outside Colorado?
Yes. I work nationwide. The applicable state rules are considered case by case, and the underlying science is the same in every jurisdiction.
How do I engage you?
Call or email with a concise overview of the matter, the court, and any urgent deadlines or preservation needs. I assess scope and fit before confirming an engagement, and provide a clear outline of the work before anything is agreed. Please do not send case materials until a conflict check is complete.
How early should I bring you in?
As early as possible. Early involvement shapes case strategy, improves evidence preservation, including preservation letters for vehicle data, video and device records, and reduces reliance on assumption. I also take on matters late in the life of a case.
Can you limit scope to meet a budget?
No. Scope is set by what reliable analysis actually requires. I don’t accept instructions that would force analytical shortcuts to hit a budget number. That kind of compromise is exactly what creates cross-examination vulnerabilities.
How long does a review take?
That depends on the complexity of the matter and the evidence available. I provide a realistic timeline at the outset and work within discovery schedules and court deadlines.
Do you follow recognized standards?
Yes. My review is grounded in established physics, engineering and forensic science, and tested against Federal Rule of Evidence 702, Daubert, and the state standards that apply.