Litigation consulting

Poynter D. The Expert Witness Handbook Tips and Techniques for the Litigation Consultant, 3rd ed., Para Publishing 2004. 

The design of labels should be an active and continuing process. If the labeler is not experienced or wants objective evaluation of a label, the labeler should not hesitate to make use of laboratories and consultants, especially when litigation may be a factor. 

It is this compensation culture that forms the third aspect of Brown and Hanlon s (2014 3) unholy alliance of official self-importance, media hysteria and commercial exploitation. The commercial opportunities for both consultants and lawyers are seemingly just too tempting to prise them away from safety, and the UK government s attempted intervention in the form of the Compensation Act of 2006 has actually done little to reduce the flow of cases. As a result safety has become enmeshed in a mire of litigation, companies drowning in the evidence of responsibility (not the responsibility itself) and the ongoing quest to shift liability - all of which are of course distractions from the actual business of keeping people safe at work. 

If the action had come to trial, there is no question that the uncertainty over the total solution added to the expander would have led defendant lawyers to attack the credibility of the consultant. A close relationship had grown up between the claimant and the consultant, and the former decided not to pursue the action for fear of indictment of the consultant. Such circumstances are not uncommon in medical litigation, where existing trauma can be deepened by open discussion of the case in public, because most courts are open for public attendance. 

This addendum is reprinted with the permission of Adele Abrams and the American Society of Safety Engineers, the entity that commissioned her paper. Abrams is an attorney, safety professional, and trained mediator who represents employers and contractors nationwide in OSHA and MSHA litigation, and in worker s compensation and other employment matters. She also provides safety, health, and environmental training and consultation services to both small and large businesses. She is president of Adele L. Abrams P.C. in Beltsviiie, Md., and can be contacted at safetylawyer aol.com or 301-595-3520. 

CONSULTANT AND/OR EXPERT IN LITIGATION Given that you may someday be a consultant or expert in litigation, the purpose of this exercise is to introduce you to these potential roles. Suggested tasks are ... 

A. Study the roles, responsibilities, and ethical expectations of consultants and designated experts in litigation involving engineered structures, facilities, systems, products, and processes. Possible initial sources include Babitsky and Mangraviti, Jr. (2002, 2005), Bockrath and Plotnick (2011), Martin and... 

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