About Forensic Consulting
What is a Forensic Consultant?
Forensic means "related to legal matters" as defined by Webster's
dictionary. A Forensic Consultant is simply a knowledgeable person who
can provide helpful insight or other specialized information to support
a Client’s potential litigation activity. A Client will hire a
Forensic Consultant to help them understand certain design, operational
or functional characteristics of an issue in dispute. If the Client
does not need, nor want, the Consultant to provide formal testimony in a
legal proceeding, then the Consultant is simply a "Forensic Consultant."
In that case, the information provided by the Forensic Consultant is
generally unknown to any opposing counsel.
What is an Expert Witness?
According to the Federal Rules of Evidence, an Expert Witness
is anyone who can assist the Trier-of-the-Facts (arbitrator, judge or
jury) in under-standing an issue in dispute. Further, the ability
to give that assistance can be derived from any specialized training,
education, background or experience. If a Client desires to have a
Forensic Consultant's findings entered
into the legal proceedings of a dispute, then the Client will "name"
that Consultant as an “Expert Witness” for the case at hand. That
“Expert Witness” can then provide formal testimony under oath, i.e.,
expert testimony, for the Client and can be deposed (questioned while
under oath) by the opposing counsel.
In court, there are two types of witnesses, the “Expert Witness” and the “Fact Witness.” The “Expert Witness” is allowed to express professional opinions regarding the cause and relationship of events during the situation. The “Fact Witness” is allowed to testify only about known facts regarding the situation, e.g., what they saw, did, or heard.