There are a lot of key issues that will need to be addressed prior to me even remotely
deciding on whether or not to accept the proposal to be an expert witness in his case. I
will need to make sure that Joseph Leslie has done enough research on me and my body
of expertise to know whether or not I would be a qualified expert witness in his case. “A
witness who is qualified as an expert by knowledge, skill, experience, training, or
education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of
fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case” ()
b While it may seem like I am trying to qualify myself to him, it is actually more
important for him to understand my body of work and expertise. If the case itself pertains
to an area of forensic accounting that I specialize in and have documented proof that I
qualify, then it would be in the best interest for both of us to have me testify as it would
allow him to potentially win his case, and it would provide me with favorable publicity
that could bring more clients through the door. If however, he is just having me there to
testify on a subject matter that I have no experience in, it can be detrimental to both of us
as it could make his case look bad, and the negative publicity due to my lack of
experience would perhaps drive people away from my business. It is relevant to whatever
aspect of the case he needs me to testify for.
b I would also look into whether or not there are conflicts of interest. If there is
something that directly influences and or compromises my ability to be unbiased or
independent, this would need to be disclosed to not just him, but to the entire legal body
overlooking the case at hand. Even if the conflict of interest is not a “grave concern” in
the eyes of the court, I could still have the potential to not remain unbiased so the risk
will always linger. As stated in the previous section, my qualifications and competence to
the case are also a factor. I will need to have the skills necessary to conduct myself in an
appropriate manner. This includes knowledge of the topic at hand, opinions based on
evidence without jumping to conclusions of guilt or innocence, and being capable of
relaying my knowledge in an effective and clear manner. Compensation is also a great
factor, I would need to know whether my services are fairly and properly compensated.
This means that all worked hours are properly accounted for and will be properly paid
out. As well as the schedule of pay dates and dates of operation.
b I would ultimately choose not to provide my services to Joseph Leslie. This is due
to the final aspect on considering taking on a new client: ethical employment practices.
Joseph is known for pushing his staff to work long hours and expect results near-instant
without providing anything comparable in return. His range of clients is also in question
as it seems he is discriminating against smaller potential clients due to a lack of monetary
status. He also has a bad habit of paying his experts and consultants in a timely manner
and this doesn’t seem like it will be different even if a contract is introduced. His whole
demeanor suggests that he is a very litigious person and would more than likely pursue
legal action if I choose to keep him on task with his end of the bargain.
References
• Article VII: Opinion and Expert Evidence. Mass.gov. (n.d.). Retrieved February
16, 2023, from https://www.mass.gov/guide-to-evidence/article-vii-opinion-and-
expert-evidence#section-701-opinion-testimony-by-lay-witnesses
