by Robert Ambrogi - Editor
BullsEye Newsletter: June 2007
Experts, sad to say, are not always honest about
their credentials, as several recent news items confirm. Knowing
how to verify the background of an expert – whether yours
or your opponent's – could prove critical to your case.
In perhaps the most dramatic recent example, a
New Orleans federal judge threw out a jury verdict in favor of
pharmaceutical giant Merck & Co. after a cardiologist who
testified for the defense in a Vioxx trial was found to have
misrepresented his credentials.
A few weeks earlier in California, a man who fraudulently
passed himself off as a computer forensics expert in two cases
pleaded guilty to federal perjury charges. In Toronto, a psychiatrist
had his license suspended after lying about his credentials while
serving as an expert witness in two trials.
These cases illustrate why it is crucial for trial lawyers to
confirm that an expert is all he claims to be. Vetting an expert's
credentials should be a key step in your trial preparation.
Major legal research services provide many tools for checking
an expert's background, from public records databases to deposition
banks. But these major services can be expensive to use and still
leave bases uncovered.
At the same time, the Web harbors a variety of resources and
tools that contain potentially valuable information but that
many lawyers overlook in researching an expert's background.
Yes, we all now know to check Google, but this
article looks at some of the lesser-known – and mostly
free –
research tools you may be bypassing. Of course, these Web tools
are neither foolproof nor exhaustive. No Web site can substitute
for using a reputable expert-search service.
WORDS CAN HAUNT YOU
The old adage, "What you say may come back
to haunt you," has never been more true. With millions of
people posting to blogs and participating in Internet discussion
groups, we are creating permanent records of our words and thoughts –
like it or not.
In light of this, the blogosphere should be among your first
stops in researching an expert's background. Does the expert
maintain a blog? If so, has he said anything there you might
regret. Has he posted comments to others' blogs. Have others
written about him, positively or negatively, on their own blogs?
The best tool for searching blogs is Google
Blog Search. Like Google's Web search, it is comprehensive
and up to date. You can sort results by date or relevance, and
you can search blogs in multiple languages.
A close second for searching blogs is Clusty.
Clusty is not a search engine – it does not crawl or index
the Web. Rather, it is a metasearch tool that calls on other
blog search engines, extracts the relevant information, and then
organizes the results into a hierarchical folder structure – which
it calls "clusters." With this unique approach, it
provides results that are both comprehensive and usefully organized.
Another source of potentially damaging comments
by or about an expert is the Internet's many news groups and
discussion lists. To find postings someone made to one of these,
search Google
Groups. It hosts a variety of current groups as well as an
archive of more than 750 million Usenet postings dating back
to 1985.
As podcasts become more popular, they also should
be included in a background search. Perhaps the person you are
researching said something pertinent in a podcast or was the
subject of someone else's podcast comment. Several sites claim
to search podcasts, but most of these actually search only the
accompanying text –
the title, description, author and any metadata – but not
the audio file.
A handful of tools now enable you to search the
full spoken text of podcasts. One of the best is Podzinger .
It is based on speech-recognition technology developed for U.S.
intelligence to monitor foreign television and radio broadcasts.
It uses this technology to create a textual index of the audio
data in any MP3 or WAV file, converting the spoken words into
searchable text.
NETWORKING SITES
Where professionals once networked at cocktail
parties and civic events, today you are more likely to find them
connecting through any of a number of networking Web sites. The
most popular at the moment is LinkedIn where
members post information about their careers and their connections
and share mutual recommendations. If your expert is listed on
LinkedIn, read his profile carefully. How does his listing compare
with what he has provided to you? Also, look for references from
others and examine his network of connections for any that might
help either verify or call into question his background.
Other business networking sites include Ziggs, Ryze,
and Orkut.
Of course, be sure also to check personal networking sites such
as MySpace and Facebook .
CORPORATE RECORDS
Anyone researching a publicly traded company would
know to check the U.S.
Securities and Exchange Commission's EDGAR database. But
fewer think to search EDGAR for information about individuals,
even though it may contain a wealth of information. Corporate
filings can provide information on an individual's business affiliations,
employment arrangements, investments, and more. Even an individual's
education and employment history can sometimes be tracked through
EDGAR.
If the expert works in the securities industry, two databases
worth checking are NASD
BrokerCheck which provides information on the professional
backgrounds of current and former NASD-registered securities
firms and brokers, and the National
Futures Association's Background Affiliation Status Information
Center (BASIC) which does much the same for registered futures
dealers.
HISTORICAL WEB
Web sites change over time. If your expert has
a Web site, what it says today may differ from what it said five
years ago. The best way to track historical changes in someone's
Web site is through the Internet
Archive's Wayback Machine. Here, you can find an archive
that captures historical snapshots of sites. While not exhaustive,
it is likely to have at least some pages showing earlier versions
of a site.
PUBLIC RECORDS
Any number of major research systems sell access
to public records. These include LexisNexis, Westlaw, ChoicePoint ,
and Accurint.
But many public records are now available online for little or
no cost. A variety of Web sites help direct you to these online
sources of public records.
One of the best is Search
Systems with links to nearly 40,000 sources of public records
on the Web. It includes links to sources throughout the world,
although the greatest number of sources are in the U.S. and Canada.
Not all sites listed are free, but the site clearly marks those
that are not. Among the listings: professional license registrations,
corporate records, marriage notices, UCC filings, deed registries,
birth and death records, lobbyist listings, physician disciplinary
proceedings, and much more.
Other sites that provide directories of public records and information
include:
-
Virtual
Gumshoe
A good collection of Web resources for public records research.
-
-
-
Black
Book Online
A free public records site targeted at private investigators,
skip tracers, government investigators and others. Good collection
of links and descriptions.
-
BRB
Publications
provides a fairly comprehensive, state-by-state list
of free public records sites, as well as an index of national
sites and another for Canada and U.S. territories.
SOCIAL SECURITY NUMBERS
Due to privacy concerns, it is difficult to find
social security numbers on the Web these days. But you can easily
verify that a number is valid and belongs to a living person.
Enter a number in The SSN
Validator and it will tell you whether the number has been
issued, in which state it was issued, when it was issued, and
whether any death claims exist against the number. It will not
tell you the identity of the holder of the number.
PROFESSIONAL CREDENTIALS
Various sources allow you to check the credentials
of public school teachers. The National Board for Professional
Teaching Standards maintains a directory, available at www.nbpts.org/resources/nbct_directory,
of teachers with national board certification. Several states
maintain their own publicly accessible databases of teachers
certified to teach in public schools. New York's for example,
is at http://www.highered.nysed.gov/tcert/teach/index.html.
The best way to find whether one is available for
a particular state is to check the Web site of the state's education
department. A directory of state education department sites is
maintained by the U.S. Department of Education at http://nces.ed.gov/ccd/ccseas.asp.
Other Web sites provide verification of college-level degrees
and attendance for a fee. These include Credentials
Inc. and the National
Student Clearinghouse. Many schools will confirm degrees
directly, although they may require a release.
To check a medical doctor's license, DocFinder provides
a database of license information for participating states. For
states not included in the DocFinder database, the site provides
links to their own license look-up sites.
Most states now have sites for verifying a lawyer's bar admission.
In Massachusetts, for example, it is at http://massbbo.org/bbolookup.php.
You can find these for other states through the state government
Web site. A new site, Avvo rates
lawyers based on publicly available information and compiles
client reviews and disciplinary sanctions.
DOCKETS
Is your expert a party to pending litigation? To
find out in federal court, check the U.S.
Party/Case Index . This is a national index of parties and
cases for U.S. district, bankruptcy and appellate courts. It
is updated nightly. Use of it requires a PACER account. Not all
federal courts participate, but the site includes a list of those
that do not.
A service with much the same information that requires no account
is Justia's
Federal District Court Filings & Dockets. This free,
searchable resource contains information on recently filed U.S.
district court civil cases. The database includes cases filed
since Jan. 1, 2006 and can be searched by party name, court,
and type of case.
Another low-cost option for searching federal court
dockets is Who's
Suing Whom. A private translation and interpretation services
firm offers this tool for searching patent, trademark or copyright
cases pending in federal courts. Search by case type and party
name, court, state or date to find basic case information. There
is a charge to retrieve full-text court dockets.
VITAL RECORDS
Vital records – birth, death and marriage
certificates and divorce decrees – are increasingly available
free online through state and local government sources. Vital
Records Information tells where to find them anywhere in
the U.S. It lists sources for each state, territory and county,
and most cities and towns, along with contact, fee and ordering
information. For records outside the U.S., the site lists links
to foreign vital records sites. This straightforward site is
designed with a nod towards genealogy, but it is one many lawyers
are sure to find useful.
EXPERT WITNESS RULINGS
The
Daubert Tracker is a Web site developed specifically to
help lawyers track cases involving the admissibility of expert
testimony and, in particular, find out how specific experts
fared in the courts. Its central feature is a database of all
reported cases under Daubert and its progeny, trial and appellate,
backed up when available by full-text briefs, transcripts and
docket entries. Part of what makes the site unique is that
it links cases to experts. Even if the expert is not named
in the court decision, the site's editors track down the expert's
identity.
A year subscription is $295 or you can purchase
a two-hour session for $25 or a half-hour for $10. For free,
you can search the site's collection of more than 10,000 briefs
and other supporting documents from both appellate and trial
courts relating to expert witness testimony. If you find a document
you are interested in, you can also view the first 10 percent
of it free. If you decide you want to purchase the complete document,
the cost is $15 for non-subscribers and $7.50 for subscribers.
WRITINGS
In vetting an expert, it is important to confirm authorship of
listed works as well as to search for any unlisted works that
could be relevant or embarrassing. Two essential resources to
check for published works are the Library
of Congress Online Catalog and the records of the U.S.
Copyright Office. Of course, it also makes sense to check Amazon.com and Barnes
& Noble.
An increasingly popular resource for scholarly
publications is the Social
Science Research Network . This international collaborative
is home to scholarly research covering more than 400 subject
areas. It contains abstracts of more than 150,000 working papers
and the full text of well over 100,000 published papers. This
makes SSRN an essential source for researching an expert's published
papers.
Another useful source is ISI
HighlyCited.com. This site provides profiles and bibliographic
information for the most highly cited researchers in 21 broad
subject categories. For listed individuals, the site provides
biographical information – including education, faculty
and professional posts, memberships and offices, current research
interests and personal Web sites – as well as a full
listing of publications, including journal articles, books,
and conference proceedings.
OTHER
The U.S. government maintains any number of databases
that could be relevant to vetting an expert, depending on his
field of expertise. One often worth checking is the Excluded
Parties List System. It provides information on individuals
and companies that are excluded from receiving federal contracts
and federal financial assistance.
When it comes to checking someone's background,
more is better. The more sources you use, the more complete your
search. The free and low-cost resources described here provide
useful supplements to more expensive research services.
IMS
Expert Services is the premier expert witness and
litigation consultant search firm in the legal industry. IMS
Expert Services is focused exclusively on providing custom expert
witness search services to attorneys. We are proud to be the
choice of 91 of the AmLaw Top 100. Call us at 877-838-8464 or
visit us at www.ims-expertservices.com.
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