Defining "Expert FCE Evaluator"
Wed, 07/08/2009 - 1:35pm
A co-worker of mine who performs FCE's but is not a CWCE was recently deposed with a question that has struck us all as difficult to answer. "Do you or are you considered an expert in the field of performing FCE's?". Obviously the lawyer's client had performed poorly but this seemed like an excellent question to discredit my co-worker's FCE as she said she was unsure.
What does the Industrial filed or Matheson use to qualify someone as an expert at FCE's? Is there such a thing- what qualifications do you need- testing for so many years, perform so many tests? I have been in Industrial now nearing 4.5 years with 4 of those as an CWCE and am heavily involved in my company's Industrial Program including in-serivces to CM's, etc but wouldn't consider myself an expert, yet? Just wondering what would define an expert and also would it be ok to simply say "yes I am an expert" and then just say your experience.
Mon, 07/13/2009 - 12:58pm
#2
There are several responses
There are several responses to this kind of challenge. One such response is, "If you define ‘expert' under the United States Federal Rules of Evidence definition, I would leave it to the court (or the board) to decide whether or not my testimony reaches the level of expert".
Here is the definition from the FRE:
"Rule 702. Testimony by Experts
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case."
(I would not work hard to try to dissuade the attorney's argument. Keep in mind that it is your job to present your credentials and your findings; it is the courts job to decide if you are to be considered an expert. Note that it is not the attorney's job to make this decision as he/she does not have the power or authority.)
You bring to the table knowledge, skill, experience, training and education from your university work, your Matheson training and the experience gained by performing FCEs. The attorney can ask you to enlighten him/her as to whether that experience is limited or vast; it is up to the court to decide if your opinion will assist the trier of fact.
Thanks for the follow up and sharing of knowledge jpreziosi, that does help to clear up things and help us provide an answer.