Category: Expert Witness

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Expert Witness 101 (Part 1): What You Need To Know

INTRODUCTION

Have you watched any major court trials, like DEPP V. HEARD on Netflix or Casey Anthony: An American Murder Mystery on Hulu? If so, then you are familiar with a courtroom scene, the judge, jury, attorneys, and their clients. There are always witnesses, but what is the difference between a regular witness and an expert witness? Why are they necessary, and how would an attorney go about finding one? Who knows, YOU may qualify as an expert witness yourself but you just don’t know it. In this blog post you will learn if you have the qualifications and, if so, how to establish a new source of income.

Fair Trial or Deposition for Expert Witness

WHAT IS AN EXPERT WITNESS?

Expert Witness Definition

The significant benefit of this industry is that anyone can become an expert witness! According to Federal Rule of Evidence 702, “An expert witness is a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex, technical, or scientific issues.” Attorneys serving the plaintiff and defendant can both hire expert witnesses and pay them for their testimony and consultation. The expert witness must also qualify under specific FRE 702 criteria to certify their testimony is “relevant” and “reliable.” As of December 1st, 2023, the amendments to the federal rule have gone into effect (photo credit – Perkins Coie):

Amendments for FRE R 702 Expert Witness Testimony

Proskauer similarly describes the new language added by the amendment as:

  1. A court may not admit expert testimony unless the proponent establishes its admissibility by a preponderance of the evidence.
  2. A court must find that an expert’s opinion follows from a reliable application of the methodology to the facts at issue before that opinion is heard by a jury.

Business Consultant Definition

Some experts choose not to work in litigation. They do not want to subject themselves to the possibility of grueling questions or contentious court proceedings. These professionals would be considered Business Consultants or Consulting Experts. They receive payment for their assistance in a settlement or mediation. These experts act in the same way as Expert Witnesses, but they do not testify in trial or present evidence to a court. 

How Much Experience Do You Need?

Unfortunately, a straightforward answer to this question does not exist. It is relative to your chosen industry. For instance, experience in the medical and engineering fields vastly differs from experience in more creative and less analytical fields. However, that is not to say one industry is superior to the other purely based on years of experience. Comparing experiences to others is like comparing apples to oranges; it can not be done. Ultimately, as long as you qualify under Federal Rule of Evidence 702, or the applicable state test, then you can be an expert witness.

Movie: My Cousin Vinny

One of the most unexpected yet hilarious examples of expert witness testimony is from the movie My Cousin Vinny.

Vinny Gambini, played by Joe Pesci, a fairly new street-smart lawyer from New York who’s prone to verbal shenanigans, accepts the opportunity to defend his cousin accused of murder. During the trial scene he puts his girlfriend, Mona Lisa Vito, played by Marisa Tomei, on the stand. From her looks (sequin sweater, short leather skirt, and bright red lipstick), one wouldn’t expect her to be qualified to testify about cars, a pivotal aspect of the case. It turns out her expertise stemmed from her practical experience working in her father’s garage since childhood. Mona Lisa’s hands-on knowledge of cars, engines, and automotive mechanics helped her analyze the tire marks in the scene.

I will spare the rest of the details to avoid revealing any spoilers. While the movie is fictional, the testimony scene is possible at a judge’s discretion. Here is Mona Lisa’s expert witness testimony scene from My Cousin Vinny.

EXPERT WITNESS TESTIMONY CRITERIA

The Daubert Standard

The court has a systematic framework to assess the relevance, validity, and reliability of expert witness testimony before it is presented to the jury. The Daubert Standard grants trial judges the responsibility to be “gatekeepers” of scientific evidence and aims to mitigate their reliance on an expert’s reputation and credentials. Lastly, all Federal Courts use the Daubert Standard. Some states may use the original framework, the Frye Standard.

From the Daubert Standard, trial courts use these five factors to prove the validity of expert witness testimony and methodology:

  • Whether the technique or theory in question can be, and has been tested.
  • Whether it has been subjected to publication and peer review.
  • Its known or potential error rate.
  • The existence and maintenance of standards controlling its operation.
  • Whether it has attracted widespread acceptance within a relevant scientific community.
Expert Witness Testimony

PARTING WORDS

To summarize, becoming an expert witness is not a complicated process. An expert witness is responsible for objectively opining on the facts of the case using industry knowledge to support their testimony. The law offers guidelines to ensure you qualify as an expert witness to secure valid and unbiased testimony from legitimate professionals. Becoming an expert witness or a business consultant builds credibility and expands business and networking opportunities. With the requisite knowledge, you can be confident and secure in your testimony. Stay tuned for Part 2 of this blog series, which will give tips for starting your business and the best practices to do so!

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Pt. 3: How To Make Your Expert Witness Practice Noticeable

INTRODUCTION

Now that you know how to define your personal brand and turn it into tangible content, it is time to be strategic. You must choose the digital and social platforms to share your expert witness practice. The plethora of options for expert witnesses to market themselves are overwhelming. Thankfully, Experts.com has a few suggestions. The final part of this blog series will help you narrow down the wide list of digital platforms for effectively marketing your expert witness practice.

Expert Witnesses Exchanging Ideas

SHARE YOUR EXPERT WITNESS BRAND

HOW TO LIMIT YOUR OPTIONS

There are positive and negative consequences to everything we do in life. Marketing plays by the same rules. For instance, posting too frequently with content marketing will overwhelm your audience. To add, it also diminishes the importance of your message. Implementing a basic strategy will help you effectively promote your practice.

The last stage helps you pick the platforms and content types to commit to or are most relevant to your practice. Ask yourself these 6 questions:

  • How much time can I spend sharing my expertise with the online community?
  • What platforms do I enjoy the most?
  • Which platforms do my target audience frequently use?
  • Would I rather record videos and podcasts or write articles and social media copy (like polls and discussion posts)?
  • Which content types are easily digestible for my audience?
  • What results am I seeking, and will my chosen platform achieve the desired results?
    • Result examples: clicks, shares, comments/engagement, followers, profile impressions, etc.

When choosing your platforms, it is undeniably important to understand your business goals and your target audience. Growing an online presence means sharing valuable insight with those who seek your expertise. But the last thing any professional wants is to experience burnout. Content creation is not an easy task, let alone mixed with a full-time job. A sentiment to remember is that content marketing should complement and boost your expert witness practice.

Overall, it is advantageous to choose your platforms and content types strategically. Attempting to tackle all of them is simply unattainable. Answering the questions above can help you scale down the many available avenues to one or two successful platforms. Now, let’s dive into the most applicable options for your digital marketing needs.

PLATFORM TYPES

Many digital platforms cater to various industries (TechTarget). For the purpose of this post, the focus will be on three digital platform types: social media, content creation, and business collaboration.

Social Media

Social media was briefly discussed in the previous blog post. It summarized that content, like articles and blog posts, can be repurposed on those applications. However, it did not detail which ones were best to use. According to the New York Bar Association, here is a list of social media platforms to consider as expert witnesses:

All listed social media platforms cater to text, images, and video to varying degrees. For instance, X is more discussion-based than Instagram, but it allows users to post videos and photos. Facebook is an advantageous platform because its 3.03 billion users surpass the other three options (Backlinko). All three media types are popular on this platform, and it helps you reach an exponentially higher number of people to market your practice. Lastly, LinkedIn is essentially Facebook for professionals. You can join free discussion groups based on your specialty and target a more precise audience.

Content Creation

Part 2 of this blog series covered the surface of the increasing influence of videos. While it may be considered a social media platform, YouTube is fundamentally a platform for content creation. It is the most prominent place to post videos related to your expertise.

LinkedIn states there are several benefits to uploading videos to YouTube:

  • Cost-Effective: Unless you’re sharing a TEDx Talk, interview, or conference panel, expert witnesses do not need to create long videos. Short 1-2 minute videos are significantly cheaper to make and would effectively communicate your desired message in the long run. Look at our “Experts.com Files” series on YouTube, which details years of locating expert witnesses for various legal cases.
  • Extend Audience Reach: YouTube has more than 2.70 billion monthly active users as of 2024, approximately 34% of the world’s population (Global Media Insight). This statistic further proves the rise of video consumption and confirms your need to seize this opportunity.
  • Shareable: Again, videos can be repurposed for social media. Share them on platforms where your audience is located or where you see the best results.
  • Great User Experience: YouTube is not bound to any specific device. Online consumers can watch your short videos on a laptop and mobile devices. Catering to your audience’s needs can result in more viewership and engagement.

While video content may require more time and effort to execute, YouTube is a great user-friendly tool for beginners. Any user with a YouTube account can edit, schedule, and upload their videos easily using YouTube Studio.

Business Collaboration

Finally, video conference platforms like Zoom, Microsoft Teams, Google Meet, and Skype are great avenues for hosting webinars and informational meetings. You can invite your connections to register for your digital event and showcase your knowledge live. Partner with other experts in your field, attorneys, or online legal marketing firms to share your expertise and include your audience in the conversation with Q&As.

Business Collaboration platforms emphasize relationship-building more strongly than the previous two platform types. Attendees can get as close to an in-person impression as they can in a digital forum. Experts.com hosts quarterly webinars that connect the broader legal community and highlight the insight from our guest speakers.

Zoom Conference - Expert Witness Practice

PT. 3 CONCLUSION

All in all, the platforms you use should align with your schedule, audience, and goals for your expert witness practice. If you want to connect with other professionals, then meet them where they are located to avoid reinventing the wheel. Generally, marketing is about learning what works through trial and error. While these tips can help improve your digital marketing efforts, success looks different for each expert witness. As you promote your practice, take note of your defined successes and continue to implement strategies that produce them.

SERIES PARTING WORDS

“You miss 100% of the shots you don’t take,” Wayne Gretzky, former NHL player.

Ultimately, it’s worth it to try something new than not to try at all. While digital marketing is not the sole solution to creating connections and business, it certainly holds relevance now. It is a disservice not to take advantage of its potential. If you seek visibility for your expert witness practice, be proactive about your digital marketing efforts. Many cost-friendly content and platform options are available to showcase you and your expertise to your audience. Decide which platforms work for you and start taking those shots. Some days will have better outcomes than others, but the journey will eventually lead you to your destination.

Content Marketing for Expert Witness Practice
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Pt. 2: How To Make Your Expert Witness Practice Noticeable

INTRODUCTION

In Part 1, you learned about the importance of personal branding for your expert witness practice. Showcasing your “professional total package” in physical and online spaces is in your best interest. Cementing your clear brand identity can help you stand out among competitors, increase job opportunities, and cultivate new and existing relationships. How can you turn that brand into tangible material? What are the benefits of dedicating time to doing so? Discover the power of content marketing in Part 2 of this 3-part blog series.

MAKE YOUR EXPERT WITNESS BRAND TANGIBLE

ORGANIC CONTENT

You may have heard terms such as “organic” and “paid” content. For the purposes of this blog, only “organic” content will be discussed. According to Forbes, “Organic social media content is any free content shared on social media profiles including posts, videos, stories, and more.” These posts are composed and uploaded by any user and are not supported by sponsors or advertisers. Overall, the content you post organically can be seen by your connections and anyone who shares it.

The main and best benefit of organic content is, without a doubt, the lack of financial strain for you and your practice. Its effectiveness does not rely on a large budget. You can sign up for most social media and blog sites for free, and upload your thoughts and accomplishments when you can! Ultimately, you gain new relationships and potential revenue without losing money outside your current expenses.

Content Marketing Formats for Expert Witnessing

CONTENT TYPES FOR YOUR EXPERT WITNESS PRACTICE

Because it is rooted in consistency, content marketing is a walk in the park for expert witnesses. The industry itself is the definition of consistency, as professionals opine on a given case relevant to their field of study. Expert witnesses would have an easier time developing new pieces compared to those in creative fields. For instance, your content can be based on past work experiences. Previous cases or takeaways from events you have engaged in are great examples for content ideas. Continuing education, in which most professionals must participate, is another resource for original organic content.

Surprisingly, translating your practice into concrete material is not as complicated as it seems. It may require a little extra work and time you might not think you have, but it is a long-term investment for your expert witness career. Bring visibility to your practice with these three suggestions:

Articles & Blogs

According to LinkedIn, blogs help strengthen and support the brand you solidified in the first step. Adding your unique tone of voice to relevant topics provides insight into your personality and professionalism. To add, it also builds relatability with readers, adds depth to your posts, and instills credibility in your reputation. Written content like articles and blogs are a great start for those unfamiliar with posting online content. HubSpot has named other notable benefits:

  • Increases traffic to your website – a necessity for expert witnesses.
  • Content can be repurposed for social media.
  • Solidifies authority for the author, you!

Here are some examples of articles and blogs from our legally trained team and esteemed members of Experts.com.

Topical Social Media Posts

Posting directly to social media adds a crucial element to your content – engagement. For example, you can create a poll, suggest feedback in the comments section, or highlight achievements and noteworthy news. Whichever route you take, you invite your personal and extended connections to view and interact with your online material. For beginners, a discussion-based medium is recommended. Platforms like LinkedIn and X (aka Twitter) allow you to share professional wisdom and follow groups and individuals with similar interests.

Videos

Because text tends to be overwhelming, visuals are integral to any marketing campaign. Videos mitigate the mundaneness of reading text while maintaining curiosity for the audience as they wonder what happens next. Viewers can also watch them from any device, whether at their office desktop or on mobile devices for their on-the-go lifestyle. The mentioned reasons explain the increase in video consumption in recent years. HubSpot named a few statistics that occurred in 2023:

  • On average, people consume 17 hours of online videos per week.
  • HubSpot anticipates the number of digital video viewers to total 3.5 billion.
  • Out of all other content types, people are 52% more likely to share videos.

In addition, 1–2-minute videos can showcase introductions, interviews (participants in a webinar or panel also count), your ability to explain convoluted concepts quickly, and your personality. Becoming comfortable in front of the camera is a hurdle worth getting over. It is a skill that is a continuous work in progress. Do you want to be prominent in your audiences’ minds? Gaining new connections and nurturing existing ones means keeping them engaged with your material and insight.

Desired Results for Expert Witness Practice

PARTING WORDS

All in all, your brand identity and the material you create should work in tandem. Think of content marketing as the vehicle that drives your knowledge and personality to those you want to reach. Why not try to put your insight online in a cost-effective way! Of course, content creation should not add stress to your work life. Write, record, and publish content when you have ample time or when your industry allows you to do so. Ultimately, content marketing will maximize your desired results from your audience. What results are you looking for? Which platforms would be best to reach them? Answers to these questions will be available in the upcoming final third part.  

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Safeguarding Your Reputation as an Expert Witness

In 20 years in the legal industry and nearly 14 working with expert witnesses, I’ve never seen such a damaging assault on an expert witness practice as I did at the end of 2023. Something so destructive it has the potential to erase an expert’s practice. It must be discussed as a cautionary tale.

DISCLAIMER: We are not taking a position on the performance or practice of Professor Eli Bartov. We have not read his reports, seen his trial testimony, or reviewed trial transcripts in the case of New York v. Trump. This article is about the impact of judicial statements on your expert witness practice and serve as caution when taking high profile cases. We still want you to take high profile cases.

What Happened?

On December 18, 2023, Reuters wrote an article that may absolutely destroy the expert witness practice of Professor Eli Bartov. Professor Bartov is a professor of accounting at NYU Stern School of Business. He served as an expert witness in the New York civil fraud trial against former President Donald Trump.

Other major news publications (CNBC, Newsweek, NBC News), with search engine domain authority, also wrote articles on and around the same date.

In each of these articles, the publishers quoted presiding Justice Arthur Engoron’s analysis of Professor Bartov’s testimony which stated, “All that his testimony proves is that for a million or so dollars, some experts will say whatever you want them to say.”

That statement, my dear friends and colleagues, can be a career killer for nearly any expert witness. The judge’s statement may not only affect Professor Bartov’s practice, but the rippling effect of its repetition by major publications tarnishes his online reputation. It is just the beginning of the trouble.

Worst Negative Statement by a Judge I’ve Ever Seen:

If you are an expert witness, you never, ever want a judge of any court to comment in such a negative way about your work. Judge Engoron’s statement essentially calls Professor Bartov a “hired gun,” and questions his competency by indicating the analysis is trash.

You cannot control what a judge says or does. Judges may find your methodology lacking or your opinions to be unsupported. A comment on those issues would be unfortunate but it would not destroy your credibility or reputation. Should the comment resurface in a future proceeding, a capable attorney would probably be able to rehabilitate your credibility as an expert witness.

We have long discussed the need to protect your reputation and credibility. Nothing is more important. The job of opposing counsel is to chip away at your credibility. A high-profile case like this is going to put your expertise and opinions under broader and more intense scrutiny. Not just by counsel but by the media.

After a while, some might ignore the comments of this judge. They may say it was a high-profile political case and the judge was biased against the defendant and thereby biased against the defendant’s experts. I’m not here to discuss those items. Leave the politics at the door. We take the outcome as a lesson to be used in your expert witness practice.

Impact of a Minor Negative Statement by a Judge:

Opposing counsel, in future cases, may scour records of previous cases to find your reports, deposition, and trial transcripts, and may read rulings by judges to find ways to discredit your work. It is their job to undermine your expertise for the benefit of their client. Do not take it personally. It is an unfortunate side effect of our adversarial judicial system.

If they find a negative statement by a judge, they may use it against you in trial to impeach your credibility or question your reputation.

It is the job of the lawyer or law firm that retains your services to counter impeachment-attempts and to rehabilitate your credibility. You assist your counsel in countering impeachment attempts by doing objectively good work, using defensible scientific methodologies and taking cases where you know you can provide an objective and dispassionate analysis.

With some effort, a normal run-of-the-mill disparaging or negative comment by a judge is easily outweighed by your other solid work.

Why this is so Damaging Beyond the Courtroom:

As I mentioned above, so many major news organizations reported about this statement by Judge Engoron. When reading the Reuters article and the damaging comment about Professor Bartov’s efforts in the case, I had to dig further to see how this proliferated. More than4 weeks later the problem continues. I’m not sure SEO geniuses can rehabilitate the online reputation.

Here are some searches a lawyer is likely to do in the preliminary stages of due diligence before hiring this expert in the future.

I encourage you to conduct the following searches, noting that the results may vary by date and location. Here is one search a lawyer is likely to do:

Professor Bartov, NYU Stern School of Business has excellent domain authority and ranks right at the top of a Google search. It is the 3rd organic search result that lets you know the professor testified in a trial involving a former US President. That’s an article of interest for any attorney considering retaining an expert.

There’s nothing horrifically bad in this article. It talks about the amount of fees, but reporters love to write about the amount of expert witness fees. You do see that out of the first seven results, the last 2 results discuss credibility. That becomes a significant issue for any expert.

Let’s try another search. How about “eli bartov expert witness.”

Ouch. We now have several search results discussing credibility.

Most attorneys concerned about hiring an expert witness to assist with a client matter may be now totally unable or unwilling to take a chance on an expert with this sort of easily identifiable negative coverage.

You see, even if the judge was wrong in his statement, the media could have entirely destroyed any chance for this expert to be hired in a future matter because an attorney cannot take the chance of hiring this person and having their credibility called into question.

Finally, let’s assume another simple search. What if counsel searches “eli bartov trump.” This is the worst result.

Okay, well let’s try Bing and see if the results are any different. We try “eli bartov” again.

You get the drift. Second result discusses credibility. It’s very damaging.

In Conclusion:

Any lawyer considering retaining your services is going to be nearly impossible if they find this kind of coverage because opposing counsel is going to have a field day with these stories.

Might you be able to rehabilitate this reputation? Maybe. Will counsel be willing to take on that fight when they’re trying to win a matter on behalf of their client? Unlikely. Remember, you’re in business and you must sell your reputation.

I do not want to dissuade you from taking high-profile matters. They can be great for your practice. They can also be awful for your practice.

If you’re on a high-profile case, it is that much more important to do objectively good work, using defensible scientific methodologies and taking cases within your expertise where you know you can provide an objective and dispassionate analysis. Remember that your analysis will be under more microscopes than normal.

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Pt. 1: How To Make Your Expert Witness Practice Noticeable

INTRODUCTION

In the thirty years Experts.com has participated in the expert witness industry, our team has noticed a shift in legal marketing. In-person networking and phone calls were the main avenues for connecting with professionals. Since we have entered the digital age, the primary networking methods aren’t as extensive. Expert witnesses now have various options to promote themselves and their practice. Surely, the endless networking options digital marketing creates can be overwhelming. Some of you may have adjusted to it, but the array of options can be simplified for novices. Part 1 of this three-part blog series discusses the importance of personal brand definition and why it’s necessary for your expert witness practice.

PERSONAL BRAND DEFINITION – EXPERT WITNESSING

What is a Personal Brand?

As an expert witness, you provide your insight to attorneys and law firms. However, many people in the same field as you are doing the same thing. How will you stand out among the other industry experts? What is the distinct factor that influences attorneys to hire you for their case? Is it location, certifications, or notable accomplishments? Why are you the best fit for a client and their legal team? That’s where Personal Brand Definition comes in (Social Media Examiner).

According to Sprout Social, a personal brand is “a culmination of the experiences, skills, and values that differentiate you.” Given that the phrase is associated with marketing, professionals in that field may use their brand to “sell” themselves to clients. Expert witnesses, on the other hand, can use their brand to build connections with attorneys and law firms so they can get hired for their next case.

For instance, think of combining your expertise and individual image as a “professional total package.” Marketing your experience is half the battle; the other half is marketing yourself. You could be the top expert on paper and not get retained due to poor demeanor. The expert witnesses attorneys look for are those who communicate complex observations in layman’s terms, making their insight digestible for juries and the court. You know what you excel at and have the résumé to prove it. Being approachable and well-versed in your field is the first step to positioning your practice to those in the broader legal industry.

Expert Witnesses Expanding Connections

Why Personal Brand Definition is Necessary for Expert Witnesses

Ultimately, expert witnesses need a defined personal brand to distinguish themselves from those in identical fields. Because there are many occupations under the umbrella of general industries, like business or engineering, defining your niche is essential for your personal brand. For example, stating that you’re a medical expert is not enough information for attorneys to hire you. Depending on the case, an attorney might need a nurse, an orthopedic surgeon, or a pharmacist. Attorneys need a professional that has mastery over the nature of the case and can simplify complicated concepts. Setting yourself apart from experts alike and expressing a sincere disposition to attorneys and law firms will make your practice memorable.

In addition to standing out from competitors, there are many benefits to having a personal brand. According to Forbes, branding helps you:

  • Cement trust, consistency, and credibility with your desired audience.
  • Build lasting relationships.
  • Expand your network and career opportunities.
  • Maintain a consistent online presence.
  • Present transparency, expertise, and your unique personality.

Understandably, the word “brand” may seem ridiculous to the logical nature of expert witnessing. Although your knowledge may decide the case, your online image and branding are the gateway to the opportunity. Unless marketed successfully, your expertise could remain the best-kept secret.

PARTING WORDS

To summarize, it’s crucial to take advantage of new marketing methods in the digital age. A great place to start is by defining your personal brand. Intellect alone cannot sufficiently promote your expert witness practice. However, a balance between your experience and attitude can. Demonstrating the “professional total package” to relevant audiences in both physical and digital spaces will keep your name and practice at the forefront of their minds. As a result, it can expand your pool of connections and cases. Having a personal brand for your expert witness practice is the building block for your digital marketing efforts. Stay tuned for Part 2, where Experts.com covers how to turn your brand into tangible content.

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Boy Scouts: New Netflix Film Reveals Horrific Abuse Scandal

Introduction:

On September 6th, 2023, Netflix releases its latest documentary, Scouts Honor. It will depict how Boy Scouts of America (BSA) attempted to conceal a child sexual abuse scandal of immense proportion in American history. BSA has accumulated more than 1 million members since its inception in 1910 (Boy Scouts of America), similarly modeled to its British counterpart named the Boy Scout Association. Its mission to “prepare young people to make ethical and moral choices over their lifetime by instilling in them the values of the Scout Oath and Law,” is the foundation for its seemingly esteemed reputation. Congress chartered BSA in 1916 under Title 36, recognizing it as a “patriotic and national organization” (TIME Magazine). Additionally, the Title permits Congress to investigate the organization, which it never has (Washington Post). It is astonishingly ironic that certain individuals responsible for upholding righteous principles also perpetuated antithetical actions for nearly a century. Further into the blog, insight from Domestic Violence Investigation Expert and current Pack Master, Rachael Frost, Master Inv. (ret.) will be highlighted. Until then, here is a historical timeline of the Boy Scouts of America scandal.

Timeline:

Boy Scouts of America Child Sexual Abuse Misconduct (Abuse in Scouting)

  • 1920: BSA began collecting reports of volunteers accused of child abuse called “Red Files” just ten years after it was founded.
  • 1971: Unbeknownst to most Scouting employees, executives disclosed eradicating thousands of outdated “Perversion Files,” accounts of known child molesters within BSA. Files were eradicated if the abuser was over eighty years old or deceased.
  • 2007: The Boy Scouts of America faced its first lawsuit. Six former Boy Scouts in Oregon sued the organization for child sexual abuse by a previous scoutmaster in the 1980s. The jury consumed thousands of internal reports and saw how severely BSA mishandled sexual misconduct claims. As a result, the organization paid the plaintiffs $19 million in damages.
  • 2012: The Oregon case documents were made public. From the records, investigators discovered that officials implored sexual abusers to relinquish their positions rather than report them to the police, covering for the abusers to the detriment of the Scouts.
  • 2020: The Boy Scouts of America filed for Chapter 11 bankruptcy after many sex abuse claims and listed assets totaling almost $10 billion.
  • March 28th, 2023: BSA settled a class action lawsuit. Reuters states, “The Coalition of Abused Scouts for Justice, a group of 18,000 sexual abuse survivors, said the agreement would bring ‘some justice to tens of thousands of survivors, men and woman, many of whom would have been waiting for decades for this day to arrive.” The youth organization reached a $2.4 billion settlement because of this class action and the decades of sexual abuse claims filed (CNN). Depending on the allowed amount of the claims, individual survivors are expected to receive between $3,500 to $2.7 million in damages per claim. BSA also implemented its Plan of Reorganization consisting of programs dedicated to preventing child abuse, from background checks to prohibiting adult and child one-on-one sessions.
Photo represents the Red and Perversion Files collected by Boy Scouts of America executives.

Expert Q & A Section:

Domestic Violence Investigation Expert, Rachael Frost, Master Inv. (ret.), explains common characteristics among abusers, how to identify grooming behaviors, and potential legal reforms for the future:

*Disclaimer* – This article does not discuss pedophilia. This is a psychiatric diagnosis defined as “over a period of at least 6 months, an equal or greater sexual arousal from prepubescent or early pubescent children than from physically mature persons, and manifested by fantasies, urges, or behaviors,” (Psychology Today).

Q #1: In your experience, are there common characteristics or behaviors of known or suspected child abusers? If so, what are they?

A #1: Let’s focus primarily on those who commit sexual abuse against children. Regardless of motivation – whether an intense sexual arousal towards children, or specifically young boys, or because of a sexual desire to manipulate, control, and have sex with children due to vulnerability or opportunity, yes, child molesters have very similar tactics.

The following statement is not to tarnish any fields or people within them with heart and dedication for our youth. There are certain jobs that give perpetrators more access to a child and their family’s trust. They provide chances for them to simultaneously praise and condemn a child’s actions and personality traits to get them to rely more upon the perpetrator’s positive interaction. It allows them to isolate a child without raising extreme suspicion. Overall, they generally choose jobs where they are around children. You do not become an accountant.

Common tactics include:

  • Choosing a Vulnerable Victim: Kids with poorer relationships with family/foster child/looking for sense of belonging/lonely/taking advantage of a friendly connection.
    • It is important to note that being a vulnerable victim is NOT the victim’s fault. None of this is their fault. It is the perpetrator’s fault and manipulation.
  • Providing Special Consideration: “Love Bombing”/special gifts or treatment.
  • Providing Access to Risky Behaviors: Alcohol/drugs/porn/parties/staying up all night/going to places parents would not approve/etc.
  • Personal Time: Extra time together/going to a gym/spending time at the perpetrator’s house.
  • Sharing Secrets
  • Sharing Touch: Gradually getting them used to touch to “accidentally” grazing more intimate places.
  • Projecting Guilt: “If you do not do this for me you do not think I am special, you do not care.”
  • Sexual Contact: Framing intercourse or sexual contact as a learning process and normal.
  • Denials, Promises, & Blame: The perpetrator relies on their good standing in the community. The abuser also blames the victim’s “bad behavior” if any possible disclosure is heard.
  • Power and Control: Promising Withholding [below]/promising to tarnish the person’s reputation if they say anything/using homosexuality as a manipulation tactic.
  • Withholding: Time/gifts/secrets/promises – when the victim pulls away or does not meet control requirements of the perpetrator.
  • Threats

Q #2: Do you think State and Federal legal reform is necessary to mitigate child sexual abuse?

A #2: Yes, reform should be considered in four areas –

  • Regulations for Access and How Adults Interact with Children: The Scouts have required safety courses, fingerprinting, and a safety video advising no single adult should ever be alone with a Scout. However, it must be greater to include a full background check by a trained background investigator…, and specific, defined interaction requirements that are subject to civil or criminal investigation if violated.
    • No adult/set of adult in a room away from other children and adults.
    • Rotating parent involvement.
    • Mandatory awareness training for all parents becoming involved in an organization for what behaviors are unacceptable.
    • Child education regarding what association representatives should and should not do.
  • Education for and Increased Types of Professions Who Are Mandated Reporters of Child Abuse or Neglect: Even those who are mandated reporters too often do not report, often because they either do not know they should report or are dissuaded by executive staff.
  • Increased Annual Education for Children and Safe Spaces for Children to Report Abuse and Neglect: Children should know who they can talk to. They can come to the front office, or talk to a teacher, officer, parent, or mentor they trust. Examples of what predators say to keep children from saying anything, and discussing grooming tactics openly, are all important.
  • Mandated Policies and Procedures to be followed in Child Abuse and Neglect Reports and Investigations and Consequences for Legal Failures: Addressing legal failures that prevent mandated reporters and investigators from letting incidents fall through the cracks is necessary. Including protections for mandated reporters begins with confidentiality and job protection. This should also include specific, supportive direction and significant consequences for the knowing failure to meet these legal requirements.

Additional solutions:

Emphasizing parent education about what grooming looks like can also mitigate child sexual abuse in organizations like the Boy Scouts of America. Parents are advised not to leave their children or a group of children alone with a single adult, no sleepovers, or traveling alone with adults. Finally, they should also pay attention to the amount of time an adult spends with their child and gifts being given to their specific child and not others.

Q #3: Will the Boy Scouts of America’s reorganization reforms successfully reduce abuse, and are there other processes it should institute to prevent abuse?

A #3: This is a start, and additional safety features may be put in place. However, like all programs, it cannot simply be an add-on program. It must become a mantra, a process, a part of what the Scouts are. It must be prevalent in how leaders conduct themselves, messaging from the association, from schools, parents, and participants.

Q #4: In my lifetime, I’ve seen massive organizational abuse and coverups in both the Catholic Church and now the Boy Scouts. Are there other organizations where similarly massive scandals are currently under investigation?

A #4: There are a few reasons why abuse in Scouting was prevalent for so long. While these could be argued as good things, it combined religion, youth mentorship, and regulated behaviors (uniforms, respect, pride, honor) with a leader responsible for teaching children lifelong and beneficial skills embodying the roles of God and righteousness. Parents and other community members saw these gregarious and friendly leaders as pinnacles of the community. They were held to a high standard, supposedly met the standard, and were above reproach. Still, underneath all that friendliness is a complicated, harmful monster. The difficult part is spotting the wolf among the overwhelming group of great pack and troop leaders.

I became a Pack Master because I believe in the mission of providing children a safe space to learn and create community. I wanted to establish an environment where I knew that kids were celebrated for who they were without judgment and mitigate misplaced patriarchy. Fostering the recognition of every culture, race, religion/non-religion, sexual orientation, and gender identification is important. Respect, community, and positive behaviors can develop without fear of Eric Cartman’s (South Park) “You will respect my authori-tay” mentality.

Specifically regarding organizational coverups, they occur in any system or association. Organizations need executive staff members who recognize the true issues of an ongoing problem are 1) wrong; and 2) have to be addressed effectively and transparently. The messages and processes for this leadership must be clear throughout the entire organization and community. Any entity has to inquire about its “Business Culture” during its strategic planning and must meet in all they do. It is crucial for organizations, especially those that serve children, to lead ethically. Lastly, ethics do not rest on a checklist, as true solutions are holistic and complete with redundancies and iteration.

Expert Parting Words:

Emphatically, no one should be above the law and of decency. Evidence-based investigation is vital. We cannot allow for anything otherwise or else we are just giving into cancel culture. There is often extreme corroborative evidence in these cases, especially when law enforcement can quickly get to them.

Wooden blocks spelling moral and ethical, the two qualities needed for leaders in the Boy Scouts of America and all other organizations.

Conclusion:

According to Rolling Stone Magazine and Brian Knappenberger (director of the upcoming Netflix documentary), “There are over 82,000 and counting survivors of sexual abuse in Scouting.” From the Scouts Honor trailer alone, the courage and fearlessness of the interviewees involved are highly commendable. Tomorrow’s release will provide a more detailed depiction of the severity of BSA’s abominable actions and the suffering it induced. From the current circulation of news, the Boy Scouts of America has undergone a three-year financial reconfiguration process. It also enacted a Plan of Reorganization, where a series of protection policies were implemented to ensure children’s safety. Examples include required youth protection training for employees and volunteers, criminal background checks for staff and leaders, and the ban on one-on-one interactions between adults and scouts. Hopefully, the youth organization and historic institution will clean up its act and keep its promises to survivors by breaking its cycle of criminal behavior.

A special thank you to our Domestic Violence Investigation expert and Pack Master, Rachael Frost, Master Inv. (ret.), for taking the time to provide her contributions.

If you know anyone in need of support, visit the RAINN website or call the National Center for Missing & Exploited Children’s telephone hotline 800.THE.LOST (843-5678).

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10 Things to Improve Your Expert Witness Business

  1. Build a Strong Reputation

An expert witness’s reputation plays a vital role in their business. Your reputation should be protected at all costs, including turning down some potential cases if they are outside your expertise or when an attorney wants you to opine contrary to your knowledge. By providing high-quality and objective expert services, an expert can build a strong reputation which will improve your business.

2. Networking

Networking is essential to increase any business. Join professional associations and attend conferences. Sure, you should do this in your own field of expertise. More importantly, attend those conferences that are filled with lawyers. Apply to speak at legal conferences or other trade conferences where you’re the only expert talking about your field of expertise. That is how you differentiate yourself and become top of mind for the attendees.

3. Create a Strong Online Presence

A strong online presence is essential. Build a website that showcases your expertise, experience, and credentials. Some paid advertising is also necessary to point to your website. Naturally, we recommend you market your services through Experts.com. Also, make sure to have a presence on social media platforms like LinkedIn. Learn to engage on social media. Engage with lawyers who may need for your expertise.

4. Collaborate with Lawyers and Law Firms

Build relationships with lawyers and law firms. Offer to provide them with educational materials, such as webinars or articles, to help them stay current on developments in your field. A “lunch and learn” could be a good idea. You buy lunch for the firm and give them an hour of your knowledge.

5. Develop Specialized Expertise

I know what you’re thinking. “I already have specialized expertise!” In this case, I’m talking about niching down even further. Find that sub-category of your field that is heavily litigated and refine your knowledge and experience in that sub-category.  Develop this niche so you can market it to potential clients. As an example, a mechanical engineer focusing on robotics and mechatronics. Or, an accident reconstructionist who focuses on motorcycle accidents. Continue to refine your niche.

6. Build a Strong Referral Network

Word of mouth referrals are the best source of business for expert witnesses. Build a strong referral network by building relationships with attorneys, paralegals, legal assistants, and other legal professionals.

7. Publish Research / Articles

Publishing research / articles in professional journals and industry publications help to establish you as a thought leader in your field. I know this is concerning to many experts. Lawyers have made experts fearful of publishing content. There are ways to do it more generally so an attorney cannot use the content against you in the future. Also, there are appropriate responses to lawyers who try to impeach your credibility with a previous publication.

8. Offer Educational Services

Offering educational services, such as training seminars or webinars, can help to build your reputation and increase your visibility. All kinds of legal organizations, paralegal associations and bar associations want to offer Continuing Legal Education (CLE) credits to lawyers. You could become one of the providers teaching about your area of expertise.

9. Provide Excellent Customer Service

It should go without saying. Provide excellent customer service to your clients. Be kind on the phone. Be responsive and pleasant in emails.

10. Continuously Communicate with Clients

You may have done a great job with an attorney previously and they’d love to use you again, but years later they forget your name and your contact information. You should be collecting emails and asking existing and previous customers if you can include them on your newsletter. The newsletter does not need to be overly complicated. It can be simple updates on your field of expertise or a pertinent news story. It’s just a quick update that keeps you top of mind with existing and past clients.


If you’d like to learn more about the Business of Expert Witnessing, join Dan Sandman, Esq. and I, on 4/27/2023. Sign up here: https://xprts.us/ExpertBiz.


This blog post created with the assistance of ChatGPT.

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Law: Gender Gap in Expert Witness Work

On June 10th, 1963, the Equal Pay Act was enacted to require men and women to receive the same pay for the same work. Over 50 years later, gender equality still dominates workplace conversation. Since the 1960s, this “pay gap” has closed significantly, so it is best to recognize progress. For some industries, however, the pay isn’t even the issue. It’s the gender, or lack thereof. In a multi-million-dollar industry with many participants, it is difficult to ignore the underrepresentation of women in the expert witness industry. 

The Financial Times stated, “Last year in the Who’s Who Legal expert witness directory, just 16 percent of the experts listed were female.” The same article also mentioned a 2020 study by PwC and Queen Mary University. Out of 180 arbitral proceedings awards managed by the International Chamber of Commerce in Paris and New York between 2014-2018, only 11% were given to female expert witnesses. This blog aims to explain why the gap exists, provides tips for those in the legal industry to encourage women to participate in expert witness work, and includes accounts from Liability Insurance Expert and Experts.com Member, Jane M. Downey, ARM, M.Ed.

Three central reasons contribute to the scarcity of female expert witnesses. The first reason is simply that it is a male-dominated industry. For instance, according to Bloomberg ABA/BNA Lawyer’s Manual on Professional Conduct, “an astonishing 80 percent of expert witnesses chosen by attorneys are male.” Considering the field has been male-centric for an extended period, attorneys are more inclined to work and cooperate with male expert witnesses. The second reason stems from the first, which is a lack of availability. The same article states “there are far more male experts to choose from in almost all specialties – with the prominent exception of nursing.”

The third reason involves gender stereotypes and roles which have always existed in our society. The Jury Expert released an article about the ways gender bias affects both male and female expert witnesses. An excerpt from the article states, “Some studies have shown that men may be more influential and persuasive than women, particularly when they occupy traditionally masculine roles.” Prejudice is more likely to surface when women pursue roles that do not correspond to their gender’s expectations (structural engineer, police policy, construction defect), which may occur on a case-by-case basis. That is not to say people should only pursue occupations limited to their gender norms. The prejudice correlates to how an expert may be perceived by juries and judges. “The degree to which the expert’s gender and the type of case agree (what researchers call ‘gender congruence’) may be important in determining whether a male or female expert will be more credible and persuasive,” The Jury Expert.

The above reasons generally explain the lack of female expert witness testimony. Individually, women have different experiences in their expert witness work. The following is an insightful Q&A with Jane M. Downey, ARM, M.Ed, regarding her experience as a female Liability Insurance expert witness:

Q: How did you discover expert witness work?

A: My first case was a referral from the President of the Insurance Society of Philadelphia. I did not like that case because it had a 48-hour Federal turnaround timeline and was very stressful; therefore, I did not pursue the work until a few years later. It was then I was approached on a massive case, and I really enjoyed the work and the team of attorneys that I supported.

Q: What was the deciding factor for you to participate in providing expert witness testimony?

A: I have always loved to write and teach.

Q: Have you faced any difficulty as a female expert witness?

A: I think being female has given me an advantage. I stand out in all the listings.

Q: Why do you think there is a gender gap in the insurance industry? Do you think it might be attributed to a lack of knowledge of expert witness work as an option for financial income or other factors like gender roles?

A: I think there is a gender gap in the insurance industry, but it is much narrower now than in other industries. To be an expert witness, you have to be willing to be confrontational. I know a lot of women who avoid conflict.

Q: How should the legal industry encourage women to consider participating in expert witness work?

A: Training, training, training. I did not realize until recently that my master’s degree in Group Dynamics prepared me for this work and my work as an insurance arbitrator.

There are initiatives in place to inspire women to consider expert witness work as a part-time or full-time job. The previous Financial Times article highlighted a campaign called The Equal Representation for Expert Witnesses. Initiated in 2015, its goal is to help women market themselves to the legal industry. According to the article, “the pledge has 4,129 individuals and 983 organizations in 143 countries as signatories.” With movements such as this, hopefully, we will see more women entering the arena of participants for expert testimony.

Ultimately, attorneys, male or female, must do their due diligence in selecting the most highly qualified expert for their case, regardless of gender. But if women are absent from the pool of experts there can be no expectation for change. With proper training and industry knowledge, women can find expert witness work to be intellectually challenging, lucrative, and satisfying. A special thank you to Liability Insurance Expert and Expert.com Member Jane M. Downey, ARM, M.Ed for taking the time to contribute to our latest blog post.

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Meteorology and Atmospheric Science Expert Witness Informs on 2023 California Storms

If you’re a Californian, the last two weeks of storms has felt like a storm season that will never end!

If you’re a Californian, the last two weeks of storms has felt like a storm season that will never end! In the past, I’ve written about major weather related events such as hurricanes and the resulting property damage, insurance issues, and lawsuits. Most weather-related events and their litigation aftermath always seem to happen somewhere else. On the East Coast. Or, in the Midwest. Rarely do they seem to impact California.

California, my home state. A state known for beautiful views. From sandy beaches to exquisite mountain vistas. The San Francisco Bay Area to Yosemite. It’s a wonderful place.

The people… We’re a spoiled, complaining bunch. Until approximately 12/31/2022, you’d have heard regular complaints about the severe drought plaguing our state. We’re filled with fear and non-stop commentary about how we really “need the water.” This drought has been a part of California-life for my entire lifetime. Same sayings. Same complaints. Mostly the same conservation efforts.

As of 1/11/2023, our daily complaints have changed dramatically. Now, we’re bemoaning 13 days of snow, rain, hail and wind. I have to be clear here. These storms have now happened for 13 consecutive days. There have been breaks. The severity of the storms, however, have been unlike anything I’ve ever experienced as a lifelong Californian. Our Governor declared a State of Emergency for the entire State. For weather? Yes! For weather.

Please realize I’m making light of our current situation, albeit briefly, because of my perspective as a Californian. In reality, tens of thousands of people have been negatively impacted by flooding, snow, and wind. Dangerous and long-lasting power outages, property damage, and lives lost as a result of never before experienced weather events.

It’s weird to us because in most parts of the state it’s sunny 300 days a year. Is it cold in January and February? Yes, a little, but it’s sunny. Some years, we hardly get rain worth remembering. In fact, I can’t recall a storm since the winter of 2017, when there was a crisis at the Oroville Dam after rain damaged the spillways. Almost 6 full years with no notable weather events (at least in Northern, CA, where I’m located).

The Santa Barbara mountains face flood issues a little more regularly. They had substantial flooding and mudslides in 2018. Five years later, they are dealing with significant floods once again.

If I haven’t been clear, major weather events in California are rare compared to our fellow US States. Phrases like “bomb cyclones” and “atmospheric rivers” are uncommon here. Let alone multiple continuing atmospheric rivers over a 2-2.5 week time frame.

As I do when I have questions about events in which I have no expertise, I reached out to one of our expert witnesses to provide some insight.

Meteorology and Atmospheric Science Expert Witness Timothy Minnich

Timothy R. Minnich MS, QEP, President of Minnich & Scotto, Inc., is a Meteorologist and Atmospheric Scientist with over 40 years experience in the design and management of a wide range of ambient air and meteorological investigations under CERCLA and the Clean Air Act. He is a recognized technical expert on high-profile legal cases, with assignments involving forensic meteorology and reconstruction of inhalation scenarios in relation to community exposure to hazardous air pollutants (HAP). 

Mr. Minnich is accomplished in presenting conclusions and opinions derived from analysis of complex technical data in a well-reasoned and easily understood manner. He is a skilled technical writer and proven manager in a highly specialized arena. He is a nationally recognized expert in the application of optical remote sensing (ORS) for hazardous waste site remediation. He has designed and managed more than 25 ORS field investigations and air dispersion model validation studies since the promulgation of U.S.EPA (EPA) Method TO-16 for open-path FTIR (Fourier-transform infrared) spectroscopy in 1988. 

After about 11 or 12 days of continuous storms, I reached out to Tim with some questions because I was hearing weather-related terms I’d never before heard. Below, you’ll find my questions and Tim’s answers!

Questions & Answers

Nick Rishwain: California is dealing with a series of storms to which we’re not accustomed. As a meteorologist, can you explain for the layperson, the concept of a “bomb cyclone?”

Tim Minnich: A “bomb cyclone” is a term recently coined to identify a storm (non-tropical) which is rapidly deepening. It comes from the term “bombogenesis,” which means a non-tropical storm in which the atmospheric pressure drops at least 24 millibars in 24 hours or less.

Nick Rishwain: According to news reports, we’re also experiencing a number of “atmospheric rivers.” Or, maybe it is one ongoing atmospheric river? Can you explain the concept of “atmospheric river?”

Tim Minnich: An “atmospheric river” is a term that simply refers to a rapidly moving plume of moisture at high altitudes. It is generally associated with a storm which provides heavy rain or snow.

Nick Rishwain: As a Northern, Californian, we’re not used to the weather impacting us since the New Year. What type of litigation / lawsuits are likely to stem from the wind, rain, snow, and flooding we’re experiencing?

Tim Minnich: I would expect the most common form of litigation would likely involve property damage claims caused by flooding, wind damage, and roof collapses associated with extreme snow loading.

Nick Rishwain: What types of meteorological investigations might a forensic meteorologist like yourself be asked to conduct in the aftermath of a storm ravaged California?

Tim Minnich: Working with engineers, such investigations would provide direct evidence – such as official meteorological observations – to support whether or not the actual damage was caused by the extreme weather conditions at the time.

Nick Rishwain: I’m assuming it would be a good idea for counsel, businesses, or insurance companies to contact you in the early aftermath of these storms. How might a meteorologist assist in the immediate aftermath of these storms?

Tim Minnich: By providing an early technical analysis as to the likelihood of success in either filing a claim (plaintiff) or denying a claim (defendant).

Nick Rishwain: I’m also assuming there are going to standard property damage and insurance claims stemming from wind, rain, snow, and flooding. What are some of the hidden dangers/damages resulting from storm damage?

Tim Minnich: Structural damage to buildings represents the most serious situations arising from extreme storms. The immediate danger of building collapse from strong winds or downed trees is obvious, but compromised foundations represents a risk that should be swiftly investigated by a qualified engineer if serious flooding or long periods of saturated soil has occurred.

Nick Rishwain: You have expertise in “exposure to hazardous pollutants.” Are those a danger to Californians as a result of flooding? Or, as a result of some other storm damage?

Tim Minnich: I would say that exposure to hazardous pollutants arising from direct contact with contaminated water would generally not be a problem, unless flood waters have breached industrial areas — specifically containment facilities which house hazardous materials.

More to Come

We’re grateful for Tim’s willingness to participate in this timely blog post. I wish I could tell you this topic is complete, but the existing storm watch says California may not have any reprieve until 1/18/2023. To the best of my understanding, that only means a reprieve from the currently identified storm front. Not sure what to expect for the remainder of the winter and spring. As such, I may be back with another weather-related update before you know it!

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Insurance: All CA GEICO Stores Shut Down

During the first week of August, GEICO officially announced its shutdown of all California locations (Sacramento Bee). When the Sacramento Bee article was written, GEICO’s website listed some of the operating San Diego and Bay Area offices, but a week later, California was removed from the list of states to search for a local office. Not only are 2.18 million Californian GEICO customers affected, but hundreds of employees are left jobless. Why would the largest auto insurance company implement a mass in-person exodus from the most populated state in the country? This question and more are answered in this month’s topical post, with insight from Liability Insurance Expert and Experts.com Member, Ms. Jane Marie Downey, M.Ed, ARM.

GEICO is a private insurance company headquartered in Chevy Chase, Maryland. Since 1936, it has passed 17 million policies in force (active insurance policies) and has insured over 28 million vehicles (last checked in 2019) [GEICO]. GEICO has offered in-person services to consumers in every state until recently with the shutdown of locations in California. Former California Insurance Commissioner Dave Jones stated, “The benefits of having a physical location in California with actual offices and physical agents is that it’s easier for the Department of Insurance to make sure those individuals have a license and meet California’s very stringent standards – consumer protection standards for the sales of insurance,” (ABC10). From a customer perspective, visiting GEICO in person helps alleviate any miscommunication with agents and ensures they receive the correct coverage or assistance they need. Unfortunately, this is no longer an option for Golden State residents.

Corporations like Tesla and Oracle removing themselves from California has become a norm in recent years. In their new locations, they can now more cost-effectively serve their consumers. The following insight from Ms. Jane Marie Downey, M.Ed, ARM, and various news articles, explains GEICO’s California departure. According to Ms. Downey, “The cost of doing business in CA is high.” She also mentioned that the steep increase in personal injury and automobile liability insurance, “nuclear verdicts,” have made it difficult for insurance companies to price accurately. Verdicts can reach as high as $30 million or more. To add, “GEICO is owned by Warren Buffett’s Berkshire Hathaway, which reported a 53-percent drop in earnings for the first quarter of 2022. It reported earning $47 million in insurance underwriting in the first quarter of this year, compared to $764 million in the same quarter in 2021,” (The Epoch Times).

California’s state regulations seem to be the root of GEICO and other corporations’ removal from California or migration to another state. Steve Young, a lawyer for Independent Insurance Agents & Brokers of California, said, “There’s a very complicated insurance rating law that is in effect here that makes it very difficult for insurers to have confidence that they can get the rate that they need from an actuarial perspective to ride these risks going forward,” (ABC10). The article reported the agents were under a gag order, but one of them said GEICO had to lower costs on its own due to rate increase rejections by the Department of Insurance. Although it eradicated brick-and-mortar services to California customers, GEICO provides presently insured consumers with online options through its website and app. This might frustrate technologically unsavvy customers knowing in-person consulting is unavailable.

Customers are not the only party affected by this swift decision. Hundreds of owners and employees of all 38 GEICO offices in California experienced a massive layoff. These offices are independently owned, and the Sacramento Bee reported agents spent between $100,000 and $250,000 to open them. “Locally owned branch offices were told of the company’s decision in a two-minute zoom call,” (The Epoch Times). The same article explained one owner’s situation: he packed up his office after being open for a year and sought legal representation for the quick shutdown. There have not been any new articles on personal anecdotes or GEICO generally since the beginning of August. If further information is released, the blog will be updated.

Thank you to Ms. Jane Marie Downey, M.Ed, ARM, for contributing to this month’s blog post.