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Expert Witnesses: Raising The Bar
Membe... principles and methods, and (3) the witness has applied the principles and me...

... have not regarded system security-measures to prevent unauthorized tampering with records-as a significant factor, unless an opponent comes forward with evidence that there actually has been tampering. In most jurisdictions, computer printouts will be admissible if the witness presenting them has sufficient knowledge to testify about the general contents, nature, and use of the record or type of record. The courts don't require that the witness be a computer expert, or even someone who was personally involved in entering the information into the system. It's sufficient if the witness has direct familiarity with the type of record involved and the procedures for recording and processing the information. The most important step in ensuring the admissibility of your computer records is to have written procedures and policies that your employees follow in creating the records. If litigation ever ensues, these ... and processing, since this is where human error may creep in. Therefore, proof of database quality-control procedures is the single most important factor in admitting computer records into evidence. The courts have not regarded system security-measures to prevent unauthorized tampering with records-as a significant factor, unless an opponent comes forward with evidence that there actually has been tampering. In most jurisdictions, computer printouts will be admissible if the witness presenting them has sufficient knowledge to testify about the general contents, nature, and use of the record or type of record. The courts don't require that the witness be a computer expert, or even someone who was personally involved in entering the information into the system. It's sufficient if the witness has direct familiarity with the type of record involved and the procedures for recording and processing the information ...

...re that the witness be a computer expert, or even someone who was personally i... and verifying the records. The witness must be able to testify as to the competence of the staff. The witness must be able to testify that the ...

...sues with recognized industry E&O experts and authorized its legal representat...uter printouts are admissible if the witnesses presenting them can attest to t...

...Consultants (ChFCs)? They are not experts in insurance. They are not qualified...odwin, who consults and serves as an expert witness on Life agent contracts, will hig...

...in detail. They have become quite expert in such things as 'tax and board,' 'd...an and does work for an association. Experts generally agree that to implement...

...gnature verified by a handwriting expert to be that of the client. Could this...fforts of a good defense counsel, an expert witness, and the credibility of agency em...

...n? How will your attorney use experts? What experts will be required to defend your case? These specialists offer expertise in human resource accounting, psyc...

... know enough to tell the differences. They end up paying an average price. To best serve our clients, we can't sell insurance as a commodity. Agents who don't sell insurance as a commodity are incredibly successful. They have revenues per person often 50% greater than their peers, their E&O exposure is significantly less, and their customers are much better served. FACULTY RESPONSE I'm an expert witness on a case that will make case law if we're successful. Our claim is that there's little if any Personal Goodwill (vs. Business Goodwill) in an insurance agency because, while the sale of insurance is certainly based in the experience, expertise, sales ability, and personality of the producer, its maintenance is primarily that of a commodity product. As long as the agency treats ... account well, and the product and the price are competitive in the industry, the accounts will stay. If the accounts aren't treated well, or if the product or price competitiveness deteriorates sufficiently, the account will tend to leave if solicited by an agent with better products and prices (and the promise of excellent service after the sale) . FACULTY RESPONSE I couldn't really disagree with the premise that insurance is a commodity. However, one claim can make a believer out of almost anyone. There's no doubt that Personal Lines in almost all categories is a commodity. You can't drive a car without insurance. You can't have a mortgage without insurance. Does it matter where it comes from? Not usually. In my consulting experience during the past 20 years, most agents believe they sell and ...

... and money to gather it again. Any information they gathered while employed by and being paid by the agency belongs to the agency. Information in your files created during the period that a client was with your agency is both valuable and can be used to re-solicit a departed client if their new agent did not fulfill their promises or cement their relationship with the client. Unfortunately, we've testified as an Expert Witness in several cases that involved a soon-to-leave employee causing clients to move during the year before their departure, assuming that these "former" clients would not be subject to the employee's Non-Compete Clause. If written properly, you can plug this hole and protect clients who have been influenced to leave by any means. Of course, this clause will be far more effective if you have a history ... re-soliciting lost clients and refuting efforts of prior employees to "raid" your book of business. Make sure that the duration of a Non-Compete or Non-Piracy clause is "reasonable." Defining this term has always been somewhat subjective, with defense attorneys claiming that six months was an adequate period. However, we have made strong cases for a minimum two-year Non-Compete and Non-Piracy clause by pointing out that the re-establishment of relationships using other agency employees requires a full policy period (one year) and one renewal process (a second year) to cement. At that point, two things happen. First, the client should have determined that the agency has provided a strong or better replacement for the lost employee. Second, the information available to the employee two years before that point is probably stale and ...