Abstract

One of the major hurdles in being selected to testify as an expert witness is obtaining your first assignment, as clients and their legal counsel generally want to have a proven and experienced individual in their corner, leaving little room for first-time testifying experts.  This paper discusses one of AACE International Certification Institute’s (“Institute”) expert-level certifications, the Certified Forensic Claims Consultant (CFCC), and how this certification was designed to help overcome the lack of testifying experience for otherwise exceptionally well-credentialed claims experts.  This paper also discusses how the AACE International (“AACE”) organization assists in the professional development of aspiring experts and how other professionals could benefit from a CFCC certification.

Introduction

One of my favorite lines from my favorite movie, A Few Good Men, is the contested testimony of the prosecution’s expert witness, Dr. Stone, which goes as follows.

Prosecution:

Dr. Stone, you’ve held a license to practice medicine for 17 years, you are board certified in internal medicine, you are chief of internal medicine at a hospital which has served 5,426 people.  In your professional medical opinion, was Willie Santiago poisoned?

Defense:

Your Honor, we renew our objection to CDR Stone’s testimony and ask that it be stricken from the record.  We further ask the court to instruct the court members to lend no weight to this witness’ testimony.

Judge:

The objection is overruled counsel. 

Defense:

Your Honor, the defense strenuously objects and requests an 802 conference so that his Honor might have an opportunity to hear discussion before ruling on this objection.

Judge:

The objection of the defense has been heard and overruled.

Defense:

Move to reconsider.

Judge:

Your objection is noted, the witness is an expert and the court will hear his opinion! 

Of course this was just a movie, but it does make a colorful illustration of how impactful the opinion of an expert can be perceived to sway the potential outcome of a trial.  In the construction litigation arena, delays and impacts are most often analyzed and explained by an expert witness, particularly those related to lost productivity and use of the measured mile approach for damage assessment.  According to the United States Court of Claims:

It is a rare case where loss of productivity can be proven by books and records; almost always it has to be proven by the opinions of expert witnesses. [1]

Also:

Indeed, in every case the court has reviewed involving the measured mile method, an expert was required to apply the method. [2]

It is without a doubt that establishing yourself as an expert, such that a trier of fact recognizes you as an expert and relies, at least in part, on your opinion to make a reasoned judicial decision, is indeed an honorable endeavor.  The question remains, however: How does one attain the necessary credentials to qualify as a testifying expert?  Becoming CFCC certified could be a key component towards achieving that goal. 

Necessary Credentials

Of course, extensive experience and specialized subject matter knowledge is the number one requirement.  But even with this, your chances of ever being given an opportunity to act as a testifying expert are still remote.  You need to build a strong base of credentials, such as:

• An advanced degree in your area of expertise.
• Working in your specialized field in a senior position.
• Drafting high-level technical evaluations and/or analysis.
• Publishing work in trade journals and publications.
• Speaking engagements at professional conferences.
• Being quoted by other publications or by the media.
• Recipient of prestigious awards, grants, or fellowships.
• Establishing a history of providing expert testimony.

Also, in a recent survey, 79% of respondents believe experts should be recognized by a professional body and hold current membership/registration with them [3].  AACE is a preeminent professional organization and could greatly assist in achieving many of these credentials.  AACE provides a forum for peer-reviewed technical papers and, if accepted, provides for papers to be presented at their annual conference and subsequently published within the conference proceedings.  AACE also has a mentoring program that can assist and guide young professionals as they progress in their careers and gain the experience, knowledge and credentials necessary to become an expert.  Once that expertise and experience is obtained and a broad base of related credentials established, the CFCC certification can help position you to secure a role as a testifying expert.