FORENSIC ENGINEERING AND EXPERT WITNESS –IEEE FOOTHILL JANUARY 13, 2020
| February 11, 2020 | Posted by Frank Gomez under CN, General |
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On Monday evening, the IEEE Foothill Section and the IEEE Foothill Consultants Network (FHCN) hosted a presentation by Robert Peruzzi , PhD PE, of the IEEE Philadelphia Section. Robert is a member of the active Consultants Network in the IEEE Philadelphia Section, called CONET.
Robert was in Southern California for a preplanned attendance at the National Academy of Forensic Engineers (NAFE) annual meeting; this year held in San Diego. Fortunately, Robert was able to stay over for an additional day to come to California Baptist University in Riverside to give us an informative talk.
Robert described his career progression, and how he made his step to becoming an engineering consultant. He was working for a number of years doing microwave RF design, all in the same location in Allentown PA. During this time, the company changed names and ownership from Lucent to LSI to Inferon. This last employer closed the plant, and moved all the technical work to their main site in Germany in 2005. All engineers were in layoff status.(As we all know, “outsourcing” even advanced technical engineering work is real.)
Then, of necessity, Robert began his independent adventure as a consultant. Part of this motivation was to get out of the “Engineer’s Cubicle” for more working time than the usual short technical presentation done as part of a periodic company-program review. (All readers of Scott Adams “Dilbert” series will recognize that yearning for a change.) He incorporated himself (S-Corp); obtained his PE license in PA; and set up his own professional web-page.
Next up for Robert was to learn the “ropes” as an independent engineering consultant. The first lesson to be learnt here is that the multitude of “Job Shops” have been selling their views that they are a necessary intermediary before hiring a consultant engineer (CE) for any work. The crutch that they are using is that the hiring company will run afoul of Internal Revenue Service regulations with respect to “Independent Contractors”. Their solution is simple: the CEs become our employees; they submit their working billable hours to us; you pay us directly at our specified rate; and we pay the CEs with W2 forms at our “standard” rate. Very straightforward. The catch is that the CE has his pay for the project reduced by 40%.
After this experience, Robert started to examine the professional field of “Becoming an Expert Witness”. He signed up for a two day course in “Expert Witness Training”. The speakers were all experienced litigation attorneys. Among the topics covered were: how to conduct investigations; expert witness report writing skills and techniques; preparing for deposition testimony; actual testifying at a trial; and how to prepare for cross-examination at a trial. Robert also describes a further 3-day training program called SEAK, which delves into the hiring a marketing manager to search for engineering assignments.
After this effort, Robert was ready to be an expert witness. To date, he has been an expert witness in one trial case. There are a number of steps in getting an assignment as an Expert Witness. The first involves convincing the lawyer (for either the Plaintiff or the Defendant) that you understand the technical problem (point of failure or if it involves a failure of procedure and not a technical failure, etc).
In addition, attorneys involved in a technical electrical-engineering related suit want to hire only expert witnesses who have prior positive court and mediation experience. They are trying to balance their costs, their risk probability, and their probability of success with that amount of technical EE witnessing perceived to be needed.
Now he is facing another catch. (This one is one of those generic CATCH -22 situations.) Note that a PE license is not necessary for an expert witness. However, one can not get that experience and build your reputation as an expert unless you (he/she) are hired for an actual case. Does not this all sound familiar?
On the other hand for consideration, the IEEE CE needs to consider if he / she can be effective as an expert witness in the case. Only a minimum of information may be available to review before making a bid. Again, a risk evaluation is needed. The IEEE CE needs to do a personal self-assessment up front. What is your estimate of probability of success?
The Q / A with the IEEE Foothill engineers present and other professionals in attendance brought up two important topics. The first is for the IEEE member consulting engineer is to contact local attorney’s social and professional groups an offer to give a talk to an upcoming group meeting. Explain the requirements for an expert witness from the EEs point of reference; your areas of EE experience; and include the experience of your other IEEE Section CN members. Call this active salesmanship. Attorneys in TORTS or PERSONAL INJURY cases need to have a basic understanding of what an IEEE expert witness knows that is pertinent to their potential case (even if it is in the future), and how he / she can help them. Why are IEEE CEs an asset to their case planning? (Kudos to our member Ray Roberts for bringing this timely topic up for the floor discussion.) Robert is following up on this suggestion with the IEEE Philadelphia CONET now.
The second topic is to encourage all our junior EEs to take the EIT examination (prelude to the PE license) early in their careers. Consider this as another plank in their EE knowledge base.
Our thanks to Robert Peruzzi for making a detour on his San Diego visit and making an excellent presentation to the IEEE Foothill Section. And, as Robert is pleased to report, he has been able to increase his billable hour rate for Independent Consulting; success is coming his way. Careful planning and preparation always brings success.
The meeting attendees from Left to Right in photo were: Keith Reno, Daniel Beatty, Todd Gallaher, Ray Malki, Gerald Herder, Jennifer Nishimura, Frank Freyne, Robert Peruzzi, James Todd, Cash Sutton III, Ray Roberts, John Butler, Max Cherubin
Facilitator and Report Author: Frank G Freyne PhD
Editor: Alberto Tam Yong