Tag Archive
The Use of Trial Exhibits by Expert Witnesses in Litigation
I did an article for Undercurrent called "Anatomy of A Diving Lawsuit" in 2009 that dealt with the analysis of a specific single case and trial that I worked on as the defense maritime and diving expert. This involved the disappearance of two divers at Cocos Island, nearly 500 miles offshore of Costa Rica. This is follow up piece that expands the narrative. A key thing at trial is being able to use exhibits during testimony to help the jury understand complicated facts, theories, and the geography on an area where an accident or fatality has occurred. It's a complicated process and most trials end up being won by primary expert witnesses during their live testimony. Doing the "grunt" work on the files is fairly routine but takes time and a bit of careful strategy in coming up with a defense posture that can play effectively to a judge or jury. But there is nothing like the pressure of a live deposition or trial wherein the absolute necessity for extemporaneous and calculated quick thought plays such a vital role. As an expert witness, it is impossible to fully anticipate where the cross-examination will go, what ploys are attempted by opposing counsel, what tactic to deceive you about the actual evidence or prior testimony may be taken, etc. It is a very stressful role to play as you must not only protect the defendants' conduct with sometimes very extemporaneous responses, but also remember to maintain control and speak to the jury as a credible, likable, and professional witness in whom they should place their trust to explain the complicated facts and nuance so they choose to favor your opinion over that of the opposition. It is an arena that few people do well in and requires a tremendous degree of control and... More »
Attitude and Awareness: Honing The Survival Edge
Rarely does everything go exactly the way we want it to in life: business, diving and especially take-out food. That's okay, because the serendipitous events of the unexpected can sometimes be a great learning experience. Or they can be yet another episode in natural selection. Anticipation is, of course, a first line of awareness that conditions the diver to expect things to go wrong and be constantly adjusting a mental to-do list when circumstances find him "circling the drain" in a bad situation. Mental preparation and skills conditioning are the first elements of survival. But it helps to have the extra edge of knowing you can beat the situation simply based on will and attitude. Remarkably, the only difference between some survivors and those who perished was the attitude of each individual. In diving, preparation for contingencies can ease your eventual encounter with them. But almost as important is developing an "attitude" of confidence that allows you the edge in dealing with stressful and dangerous scenarios. My first dive was in the late 1950's and since then I've managed to step into the world of contingencies with both feet firmly planted on more than few occasions. Several brushes with mortality were thwarted, perhaps simply by refusing to accept that my number was up. And although scared, I was still running through the checklist of options instead of giving up. Consider this quotation from How to Survive on Land and Sea originally published in a U.S. Navy publication in 1943: Life's battles do not always go To the stronger or faster man, But sooner or later the man who wins Is the man who thinks he can. There are accounts of WWII seamen who managed to escape death in sunken convoy vessels, only to lose hope in lifeboats and simply decide to die. Their shipmates who marshaled courage to... More »
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