The Comprehensive Forensic Services Manual                                       

Journal of Psychiatry and Law
Forthcoming Issue
Reviewed by 
Philip H. Witt, Ph.D.
Diplomate, Forensic Psychology (ABFP)

            Few professional books fascinate me anymore.  Perhaps I have become jaded, but after many years of reading professional books, most seem like variations on a theme, providing some new wrinkle to an already extensive literature in the area.  The Comprehensive Forensic Services Manual (hereafter Manual), however, did fascinate me.  It, for me, filled a gap in my professional library.

            The Manual is a long book—over 600 pages, and it is expensive (although generally in line with other legal publications).  Yet, I found it interesting enough that I read most of it in one sitting.  Any forensic expert who wants to become conversant with legal terminology and procedures can learn much from this book.  It explains legal terms and procedures clearly, succinctly, and in simple, easily-understood language.

            The Manual has chapters ranging from technical aspects of lawsuits—such as “The Anatomy of a Civil Trial” to “Evidence”—to marketing a forensic practice or testifying in depositions.  The authors—all attorneys and senior staff of SEAK, Inc., a legal publication and training firm—smoothly blend advice, case law, and examples. 

            I found cogent discussion, with examples of case law, on knotty areas of procedure about which I had previously been puzzled.  For instance, there is a lengthy review of under what circumstances and for what types of acts an expert witness is liable to civil suit.  The case examples, while not exhaustive, provide a context for the concerned expert.  The authors pithily note, regarding the protection supposedly offered by court appointment: “The point of this case can be summed up in the oft quoted line from Levine: ‘A court-appointment is not a talisman for immunity.’”  Regarding expert liability, the authors review areas that had not even occurred to me—such as whether experts are liable for breach of contract if they change their opinions during trial (no).

            Similarly, in the chapter on evidence, I learned (to my surprise) that private consultations between attorney and expert are not privileged in civil cases.  I was under the impression that such private conversations and consultations were privileged, but learned that the privilege extends only to conversations between attorney and client, not between attorney and expert, at least if that expert will testify (as opposed to being used solely as a consultant).  The authors provide ample case law examples to show the situations in which courts have ruled on this subject.

            Perhaps the most enjoyable chapters for me are those on expert practices, such as trial and deposition testimony, preparing a c.v., and marketing one’s practice.  The guidance the Manual provides shows humor, experience, and common sense.  The authors repeatedly assert that credibility is the central core about which most trials (and most experts) rise or fall.  A few examples illustrate the authors’ incisive but humorous style:

Experts should concentrate on presenting themselves well at deposition.  One’s value as an expert is based more on the ability to communicate and persuade than on technical and professional qualifications. 

Factual assumptions should be reasonable and accurate.  An expert should be prepared to give ground if he is asked if his opinion would change under different assumptions. 

Dealing with an aggressive attorney is like dealing with an aggressive dog.  It is best not to show fear.

Generally speaking, opposing counsel will have two major goals during his cross-examination of a forensic witness.  These are to lessen the credibility of the witness and to use the witness, where possible, to bolster his own case…All trials ultimately boil down to one issue and one issue only.  That issue is credibility. 

Regarding one’s credentials, the authors make many good points.  For instance, it has become all too common for experts to obtain specialty certifications for which all that is required is payment of a fee, rather than an examination or specialized training.  The authors point out that such certifications can readily backfire, as they illustrate with the following hypothetical cross-examination:

Q:  I see here that you are board certified by the Fictional Board of Forensic Experts?
A:  Yes.
Q: Very impressive.
A:  Thank you.
Q:  What requirements did you meet to obtain this board certification?
A:  The requirements of the board.
Q:  What were they?
A:  I forget.
Q:  Did you take an examination?
A:  No.
Q:  Did you complete a specialized training program?
A:  No.
Q:  You paid your fee and they gave you the certification, didn’t they?
A:  Yes.

          Some may say that the experienced forensic expert has no need for guidance in the above areas.  In the ideal world, perhaps this would be true.  In this imperfect world, however, I have seen many experienced forensic experts violate the advice the Manual provides.  Countless times, for example, I have seen experts refuse to alter their opinions on the stand when provided alternative assumptions or alternative facts; such rigidity only damages their credibility and gives the court (or jury) the impression of arrogance. 

            I have only two minor quibbles with this text.  First, the title should really be Comprehensive Civil Forensic Services Manual, because virtually no discussion is given to dealing with criminal cases.  Naturally, the authors’ general emphasis upon expert credibility apply to all types of cases, but issues specific to criminal cases are not covered.  Second, I would like to have seen examples of good responses to the various challenging lines of cross examination the authors raise.  Although the authors occasionally provide examples of embarrassing cross examination—such as that noted above regarding bogus professional certifications—they provide no instructive examples of confident, professional responses to cross examination.  Such examples would have rounded out an excellent text.

According to the authors, this book was designed to be a resource to anyone who may e retained as an expert witness.  The authors purport that 80% of all civil cases and 50% of felony prosecutions use expert witnesses.  The book is intended to inform the reader of: (1) information regarding the expert's role in litigation, (2) how to effectively communicate in written reports, (3) the law and procedure for experts, (4) experts, (5) how to deal with attorneys, (6) how to better manage the business aspects of a forensic practice.

The description of legal related terms and definitions is impressive and will provide a good foundation for the beginning expert.  The chapter on qualifications includes many examples of legal references for professionals including several nurses and two who are vocational counselors.   Each has the full legal citation for details.  No life care planning reference was listed.  The suggestions for curriculum vitas were excellent.

The chapter which includes the Federal Rules of Evidence (with full version in the appendix) appears to include the anticipated changes that went into effect in late 2000, though the book was published beforehand.  The descriptions, examples and citations are relevant and complete.  Suggestions and examples for offering opinions, writing reports, testifying, and cross-examination, although not specific to rehabilitation, were easily generalized to our profession and informative.  Daubert, Kumho Tire and related rulings regarding admissible evidence are incorporated.  As with all chapters, specific examples and references are included.

Unlike many similar publications, the text includes substantial information about advertising and business practices with practical suggestions about various marketing avenues with "cost benefit" and "back lash" observations.  Retainer and expert witness fess, as well as deposition, travel and related expenses provide a well-rounded overview for the beginning expert.

The appendices are comprehensive with example letters, forms, retainer agreements, billings, reports, exemplary vitas, as well as checklists for reports, deposition and cross-examination.  Relevant websites are listed, along with bar associations throughout the United States.  Ethics is included as a general chapter and attorney rules of ethics from Massachusetts are included in its entirety as an example.

Overall, the book reflects a view of real courtroom experience with the added benefit of effectively educating a wide audience in the complexities of expert witnessing.  The book comprehensively covers the topics and the multiple examples with references will allow the more experienced experts to learn to expand their knowledge base by researching the legal literature.  Although several publications more specific to the rehabilitation industry exist, none are as thorough.  It appears that this publication is a "must buy" for aspiring expert witnesses.  Actually, seasoned experts are likely to find many educational enhancements as well.  I strongly recommend this text.

This manual is indeed a comprehensive work on expert witnessing.  Carefully planned and mapped out, this manual provides examples and answers to problems faced by expert witnesses.  It walks the reader through the fundamentals of a lawsuit, while giving thorough background in areas such as evidence, qualifications, and expert opinions.  The book contains chapters covering methodology, "bulletproofing" an expert CV, connecting with the jury, direct examinations, cross-examinations, and many more aspects of a civil trial.  In addition, the book has valuable chapters on marketing a forensic practice, expert witness liability and risk management, ethics, and handling abuse by attorneys!!!  Appendices provide lists of legal journals, key internet sites, and bar associations, as well as many models of fee schedules, bills, and marketing letters, to a list a few of the "everyday" procedures modeled.  Most definitely a valuable and "essential" resource for forensic expert witnesses. 

This well written book contains a wealth of information for forensic examiners of all levels of expertise. Subjects are easy to locate, the discussion is easy to understand, and case law often follows. Its six-hundred plus pages in twenty-four chapters with numerous appendices provide a one-stop reference for knowledge important in a professional practice. 

The book begins with the fundamental elements of a lawsuit, the discovery process and anatomy of a trial--good, basic information for any expert. In subsequent chapters the author discusses attorney work privilege, its relationship to expert findings, and limits imposed on expert discovery. Can an attorney require an expert to produce tax returns during a deposition? The answer and supporting case law may be a surprise. The chapter on evidence discussed the Federal Rules with regard to expert testimony, including credibility and impeachment issues. Other chapters include discussions on expert qualifications, bulletproofing a CV, and rendering opinions.

An important part of an expert's job is to render a written report setting forth the findings, conclusions and opinion. The expert who does not know the proper way to write a report is vulnerable, because this document will be scrutinized by opposing counsel and possibly an opposing expert. It will become the basis for drawing many cross-examination questions. The authors discuss not only bulletproofing a report, but also the attorneys' goals during a deposition and fifteen golden rules for testifying under cross-examination. The appendices are valuable as a checklist so that all bases are covered before the expert leaves the office.

A problematic situation can arise in the expert-attorney relationship if counsel asks the expert to submit a draft report and upon review requests certain changes. Should an expert submit a draft report? Should an expert make any changes one a report is written? If changes are made, how should this be handled if the issue is raised during a deposition? The authors offer advice on handling such a situation. Harassment or abuse can also be problematic area, although this is most likely to occur during a deposition. The expert should understand the fine line between harassment and abuse and what options are available. Seventeen of the most common forms of abuse are discussed in this book and solutions are offered.

The chapter on expert witness liability and risk management offers valuable insight and case law on the subject of negligence, defamation, and witness immunity. According to recent articles this reviewer has read, claims against experts are on the increase so it is important to be informed in this area.

Another area of importance is marketing services and the authors provide insight and ideas, including sample marketing letters that alone may be worth the price of the book. 

Although the seasoned expert may be familiar with many issues covered in this book, it is a worthwhile reference to have in the library. The new forensic examiner will immediately gain information that it took many "old-timers" years of experience to acquire. And the more knowledgeable the expert, the more confident the attorney will be in his choice of expert. This reviewer gives the book a thumbs up.

Internet Journal of Forensic Medicine and Toxicology
Volume 4, Number 1, January - June 2003 
Reviewed By:
Anil Aggrawal
Forensic Pathologist

This is the last book in the series, and this too deals with the various problems doctors face in the courts and how best they can face them.

This is a much larger book than the other two, and attempts to examine the issues in great detail. There are 24 chapters and 25 appendices. The appendices deal with a number of important issues such as deposition transcript, federal rules of evidence, model bills, model CVs, model forensic reports, model marketing letters, referral organizations and so on. I particularly liked appendix N, which gives key internet sites which would be of interest to a person dealing with medicolegal matters. Among the several sites given are (i)Legal Research sites (ii) Legal libraries (iii) Legal journals, magazines and newsletters online (iv) National Bar and Specialty Legal Associations (v) Virtual libraries and (vi) Expert witness directories.

The chapters in the book deal with all possible kinds of medicolegal matters. Chapter 2 explains the fundamental elements of a lawsuit, chapter 3 the discovery process and chapter 4, the anatomy of a civil trial.

Several chapters interested me very much. One such chapter was number 7 entitled “Bulletproofing and Expert CV”. I read the chapter in great detail and was quite impressed with the several tips the authors give us on how best we can prepare our CV before going to a court of law.

By and large, this book addresses all the questions, dealt with in the above two books, but in much greater detail. This book must be read after the reader has completed the earlier two, which would set the stage - so to say - for this book.

This book however addresses several new questions. For instance chapter 18 tells us how to market our forensic practice.

I would strongly advise all doctors to read these three books. Those medical practitioners, who need to go to the court often, to tender medical evidence would find these books extremely valuable. Forensic pathologists like me are simply going to love this set.