Defense And Plaintiff Expert Witness  -  Lawrence Fennelly

Analysis, Evaluation, And Reporting Of Evidence In Litigation Cases

In this article, you can discover:

  • A meticulous approach to analyzing and evaluating evidence in cases.
  • The process of preparing and delivering expert reports with detail and clarity.
  • How experience as an expert witness prepares for cross-examination challenges.

How Do You Approach The Analysis And Evaluation Of Evidence?

When it comes to evidence analysis and evaluation, I believe in handling it with the utmost care. In simpler cases, there may be limited evidence available. For example, I recall a case where the opposing side claimed that the lock on a window was not engaged, but they had actually removed the entire window from its frame. Had the case gone to court, they would have presented the window as evidence, showcasing its lack of defects or signs of tampering.

Evidence in criminal cases is typically handled similarly. Law enforcement officers sign their names and seal the evidence bag. If the evidence is contested, it becomes a subject of debate between the attorneys. If it is deemed reliable, it is admitted in court. However, it's important to note that not all cases have abundant evidence. For instance, in a situation where I discussed a woman who had been raped multiple times, there was no rape kit conducted, and she didn't receive medical attention. The evidence in such cases can be limited.

What’s Your Process Of Preparing And Delivering Expert Reports? What Level Of Detail And Clarity Can Be Expected?

Upon receiving the case file from the attorney, I meticulously review every deposition and police report. I make note of significant details, often marking pages and lines to reference later when drafting my report. If feasible, I will visit the site of the incident to gain further insights. However, there are instances where access to certain locations is restricted. In one particular case, a well-known store forbade me from visiting the site despite being open to the public. I respect such instructions, even though it may be brought up during cross-examination.

Once I have thoroughly reviewed all materials and gathered necessary information, I prepare my expert report. The report is then signed, sealed, and delivered, either via UPS or another suitable method. I recall an instance where an attorney, upon returning from his honeymoon, expressed astonishment at the findings in my report. The level of detail and clarity in my report is of utmost importance. Attorneys often inquire about the basis for my opinions and conclusions, and it is crucial to provide them with a comprehensive explanation. I believe that clear and detailed reports contribute to effective case preparation and presentation.

How Does Your Experience As An Expert Witness Prepare You For Cross-examination Challenges? How Do You Maintain Composure And Credibility?

My experience as an expert witness, coupled with my background in law enforcement, has prepared me to handle cross-examination challenges with composure and maintain my credibility. I have made arrests, testified in courtrooms, and feel confident and at ease when testifying. Before taking the stand, I thoroughly study the case and equip myself with the knowledge equivalent to that of an attorney. This allows me to answer questions effectively.

During one particular case, I noticed the opposing expert positioning himself in court so that I would be looking directly at him while answering questions. It became apparent that he had collaborated with the opposing counsel to form their line of questioning. However, I did not answer the questions in the manner they expected. After the second question, the line of inquiry abruptly ceased. Testifying requires employing specific techniques, but it is crucial to always tell the truth.

I take my oath seriously and ensure that my testimony aligns with the reports and the facts. While testifying, I am confident in the evidence and reports, and I believe in the strength of our case.

In What Ways Can Criminal Defense Attorneys Get The Most Out Of Working With You?

When working with criminal defense attorneys, I encourage open communication and a collaborative approach. I may pose questions to the attorney to clarify certain aspects, such as whether there is a legal duty for a landlord to provide adequate security for an injured individual. If I am unfamiliar with specific laws in other states, I discuss it with the attorney, ensuring that we are on the same page. I find that some attorneys assigned to a case may have limited knowledge of security matters or the direction the case should take. Therefore, it is essential to establish a strong working relationship and ensure that all experts involved in the case share a common understanding and vision. For more information Payment Issues On Bonded Project In Florida, an initial consultation is your next best step.

Lawrence Fennelly (CPOI, CSSM)

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(617) 616-8742

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