I want to refer to themes broached in many prior posts, in a business context, and to refer to some specific examples in litigation on the one hand;
and to some very broad implications for all fields of specialization, compartmentalization, and/or to marshallings of specialized and or compartmentalized expert endeavor, on the other.
I recently quoted a portion of my old talk, on team play, attacking the team in eminent domain.
The concept of team play, use of multiple diverse experts in different fields, combined by the lawyer into teams, in litigation, and elsewhere, was raised.
This is not a new, or even a very recent innovation, in litigation, or otherwise.
The use of multiple experts in eminent domain, for example, seems to go back at least to the early 1970s, at least in Florida, and probably also in many other states,
and parallels can no doubt be found in some other specialties of law, where more than one expert could contribute to, and/or be compensated for, work on complex cases.
The use of multiple experts in eminent domain, for example, seems to go back at least to the early 1970s, at least in Florida, and probably also in many other states,
and parallels can no doubt be found in some other specialties of law, where more than one expert could contribute to, and/or be compensated for, work on complex cases.
The Florida Eminent Domain Manual 3rd Edition, from all the way back in 1977, already contained a subchapter of Ch.7, written by three authors, on 'The Team Concept',
"....The opinion and testimony of the real estate appraiser are far more persuasive when his judgment is supported by independent studies and testimony in those areas that the appraiser is not and will not be regarded as an expert....Commonly the lawyer on both sides will use only real estate appraisers to testify.....The result is a standoff....Some lawyers try to overcome this result by having an other expert who will be regarded as an objective witness who knows what he is talking about. The jurors will not accept this education from the real estate appraisers, who they somehow think are really advocates for their client's position.... Repetitive use of a successful team increases its capability to act in a coordinated manner in trial preparation and in trial....The lawyer has the ultimate responsibility for the outcome of the case and should command the team....Working as a team in a coordinated effort never should infringe on the professional integrity or judgment of the individual members...."
Some of the implications of such innovations, especially on issues of 'professional integrity or judgment', 35 years later, must be rather obvious, at least to some practitioners in Florida.
Similar comments, and concerns, may be found to apply in many fields of litigation.
The idea, of marshaling teams of experts, academic or otherwise, from ostensibly diverse fields, also no doubt has many implications for nonlegal spheres, such as politics, social science, economics, medicine, where often many different specialties have to be consulted to arrive at a position on some pending legislation, or political decision.
http://bozonbloggon.blogspot.com/search?q=bielby
Some of the implications of such innovations, especially on issues of 'professional integrity or judgment', 35 years later, must be rather obvious, at least to some practitioners in Florida.
Similar comments, and concerns, may be found to apply in many fields of litigation.
The idea, of marshaling teams of experts, academic or otherwise, from ostensibly diverse fields, also no doubt has many implications for nonlegal spheres, such as politics, social science, economics, medicine, where often many different specialties have to be consulted to arrive at a position on some pending legislation, or political decision.
http://bozonbloggon.blogspot.com/search?q=bielby
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