Lawsuits

J

Joe Talmadge

Joined
Oct 3, 1998
Messages
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Without giving any details, I'd like to tell you about something and ask your opinions on the following.

An attorney who is representing someone who was injured in a sharpening incident,found my Sharpening FAQ and contacted me to ask some questions about sharpening. A company was named, and though it was never stated that this is the company whose product caused the injury, I feel it's like that it is.

We seem to be the generally self-reliant, common-sense sort here. I'm guessing we all share the same dim view of frivolous lawsuits. But, there are also lawsuits where a manufacturer has commited a bona-fide wrong against the consumer, and in those cases the consumer should be remunerated and the company prevented from injuring others.

I have no details about the case, and the attorney just wants to ask me some questions. Knowing that attorneys can take an answer out of context and weave it into a bigger story, what would you do if you were me? Agree to answer the questions? Not agree? See what the questions are, and decide from there? Contact the company in question to give them a heads-up, or not?

I'll tell you what I've decided to do, but I'm interested in the thinking of the forum, on an ethical and legal question involving "one of our own" in the knife community.

Joe
 
Under the rules of evidence, it is unlikely that he can use your comments without having you testify under oath in some form. He is probably just feeling you out to see whether you would be an appropriate expert witness. I would chat with him, find out what the facts are, and make your own determination about whether the public good and your own interests would be served by your acting as an expert.
 
It is an unhappy commentary on how people often deal with each other but I remember a story about a man seeing his son off as the young man went out into the world. He told him, "Keep your soul out of hell, your body out of jail, and your name out of the newspapers."

I think the same goes for dealing with our turbulent and contentious legal system: the less, the better. Volunteering to involve yourself in other people's business could end up costing you, in aggravation if not in money itself. Think of how people called as witnesses are generally advised not to do so until they get legal counsel.
 
Joe - Are you willing to hold yourself to be an expert witness on sharpening or only a compiler of information? Speaking from painful experience think twice before becoming involved with lawyers or the press. What you say is not always repeated with accuracy later.
 
Sounds like a tar baby to me. I would agree to speak strictly off the record, with the understanding that if compelled to testify all comments made are that of a casual observer engaged in a speculative conversation.
 
Joe-
At this point, the attorney is conducting research. Good trial counsel would never presume that a stranger would benefit their case. Also, he would not confide many case details; not knowing your allegiances, thereby allowing you to spoil the barrel.

Having said that, he may be feeling you out, to see if you can help his cause. You'll likely find that "A few questions" will lean in that direction.

Lastly, since this a personal injury case not involving a death or major disabling injury(I presume), the legal stakes aren't all that high. Qualifying expert witnesses is an additional cost that wouldn't budget into a small legal warchest. It's most likey an Insurance company out-of-court settlement ploy.

Unless, the plaintiff sliced off his arm while sharpening.

Let us know...
 
Joe:

This does not sound like a major, big money case, unless the injured party is a neurosurgeon who cannot operate again because of some alleged injury. I highly doubt this.

Feel free to e-mail me if you wish.
 
Thanks to everyone who has replied, I sincerely appreciate it. Here's what I'm thinking so far.

My guesses were that any questions I answer are hearsay, so not intended directly for trial. I figured the lawyer was either doing research to plot his strategy, or he's got a strategy plotted and wants to bounce things off someone, or he's feeling me out as an expert witness, or some bit of all three. I'm not compelled to answer his questions. So, I figured I would agree to see his questions, if I'm alarmed at any particular question I can always decide not to answer them.

In all honesty, I'm as interested in this lawyer as he is in me. I am fascinated to see how a lawyer will put together a strategy on how to approach this, and his questions might give me a whisp of what he's thinking. I'm not considering becoming an expert witness, assuming I'm even qualified to do so.

I'm thinking I'll tell the company involved that there's a lawyer asking me sharpening questions, not give them details, but perhaps give them a chance to ask me questions back -- although I'm guessing the sharpening company doesn't feel like they need any info from me.

Thanks again, this is an interesting area. I've heard the warning about getting too involved -- both her and in private messages -- loud and clear, and appreciate the advice.

Joe
 
Joe - I would refuse to provide anwers in writing. There's nothing wrong with an informal chat for research purposes, but a written response goes well beyond that. I'm sure that the lawyer will specify his motives for talking with you, but, in case he doesn't, insist that he be frank with you. It's important that your relationship with the lawyer and with the case be perfectly clear from the beginning. If the lawyer is sounding you out as a potential expert witness, it is essential that you know all the facts before responding.
 
Joe - Considering that most lawyers don't know squat about knives or sharpening, he probably wants to know if he even has a case. He's doing research on knife sharpening and thinks he might be able to learn about it from you. I've learned so much about sharpening from you that I'm sure you could teach him a few things as well. I can't imagine any harm coming from you speaking with him. And considering the very low (nonexistant?) rate of injuries while sharpening caused by something other than stupidity and/or lack of attention to what one is doing (if any of the major sharpeners were unsafe, we would have heard about it here), it's highly unlikely that he's got a real case, and that's something he might not know without speaking to you.

I've heard of expert witnesses making lots of money, like several hundred dollars per hour! And if you think he's in the wrong, the other side might need one ;)
 
An Expert witness can command MAJOR bucks. Not just a per hour rate in actual litigation, but preparation time, travel time, depositions, etc. If you get yourself into an "Expert Witness mold" and start to build up some credentials, not just Thru education and experience in the field you are an expert in, but in actual courtroom time in the "hot seat" tesifying for both sides a few times, you can whack out a nice paycheck on a major league wrongful Death suit. BUT, BUT, BUT (maybe spell it BUTT), it DOES NOT come easy!!!!! You better KNOW your material well, be able to teach it to a jury who just heard the complete opposite or WILL hear the complete opposite from another "expert" who has more expertise than you:rolleyes: :rolleyes: :p
It can get down and dirty. But if you believe in your heart what you say to a jury, and can PROVE it, the money is great and it can be a blast!!!!!!wolf
 
This reminds me of the MD who met a lawyer at a party. The MD complained about how people at parties always asked him about their current disease and what could be done to heal them. The lawyer answered that the same thing used to happen to him: People kept talking about their legal issues. The lawyer told the MD that that traffic stopped when he started to charge an $800 fee for each such "consultation".

- Two days later the MD recieves an $800 invoice from the lawyer. :)

Sorry if this is OT or if the joke is old around BF. I couldn't help it. :cool:
 
Everything is negotiable. You can agree, in writting (this is a lawyer we're talking about here) to answer general questions for him with the understanding that your answers will not be published or used in any court proceedings or filings.

Be careful about charging a fee for your services. When you're just shooting the breeze with some guy who cold-called you, well, that's one thing. It's his responsibility to gauge the credibility of what you say. But, when you take a fee, suddenly you become a professional and held to a higher standard.

You might want to bounce this around with Bernard Levine as he does expert work with lawyers.
 
Joe,

If it were me:

1) Find out if suit has been filed or if he's determining if he has a case.

2) Ask him directly what happened, and tell him you'll keep full confidence. If he won't answer, stop there, and discontinue contact. If he won't tell you because he wonders where your loyalty lies, then that's it. If he won't trust you with details of the case, why should you trust him with your reputation? Fair trade, and if he doesn't want to do that, it's done before it started on your part.

3) If he DOES share, and you feel it's a bonafide defect that caused the injury, then you can make your decision from there. If you feel it's frivilous, let him know directly. If you don't wanna do that, gve me his number, and I'l happily let him know for you, in no uncertain terms...:mad:

Best,

Brian.
 
Feel free to answer questions if you can answer them with confidence in the correctness of your answers and with the understanding that your opinion is just that, your opinion.
 
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