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By Wayne Lee, CEO, Lee Enterprises Consulting, Inc.<\/p>\n
In August 2017, I published an articlewhich focused on important things that attorneys involved in biofuels or biochemical litigation should look for when choosing an expert witness.<\/a>[1]\u00a0This article explores the subject of expert witnesses in a bit more depth, including where to find the best experts, the different roles an expert might assume in pre-litigation and litigation cases, and hypothetical examples.<\/p>\n The term \u201cbioeconomy\u201d refers to the production of renewable biological resources, and the conversion of these resources and waste streams into value added products, such as food, feed, fuel, bio-based products and bioenergy.\u00a0 For the purposes of this article, I define the term as encompassing the following non-exhaustive list:<\/p>\n In seeking an expert witness in the bioeconomy, one must begin with an initial question and a concrete premise.\u00a0 The question is what the party wants the expert to do.\u00a0 Is this purely for helping the parties understand the matters at hand in order to resolve some issue at hand, or is it with an eye toward testimony in depositions and court proceedings?\u00a0 If it is purely for understanding and advice, the expert is simply a consultant to the legal team.\u00a0 If there is a potential for depositions and testimony, the aspects of previous court experience, ability to be qualified as an expert witness, etc. will take center stage.\u00a0 When in doubt, obviously one should assume that being qualified as an expert witness is at least a possibility and approach selection on that basis.<\/p>\n The premise from which selection of an expert in the bioeconomy should begin is that these are highly specialized areas, not normally within the knowledge of the average person.\u00a0 While there are certainly quite a number of \u201cexperts\u201d with backgrounds in chemistry, biology, engineering and related fields, these educational credentials are wholly insufficient to being a qualified expert in specific areas of the bioeconomy. \u00a0Experts must have specific industry experience in the process, system, technology or bioproducts in question, and since many of these are new and emerging markets, this specific experience may be difficult to find. Even in the more \u201cestablished\u201d bioeconomy industries like ethanol and biodiesel, there are somewhat limited pools of truly capable experts. Effectively assisting and advising an attorney, and particularly in educating judges and juries as to what happened, why it happened, and what might have been done to prevent it, any good expert must have a working knowledge of the industry and specific experience to draw upon.<\/p>\n In order to see some potential problem areas, let\u2019s look at a few hypothetical examples:<\/p>\n Where does an attorney or party find these bioeconomy experts?\u00a0 A quick perusal of the internet provides literally hundreds of \u201cexpert witness services.\u00a0 Most often, these are simply services that allow those that believe they are experts, to list their resumes or CVs with the service.\u00a0 Upon request, the services enter a keyword and pull all the \u201cmatching\u201d experts.\u00a0While this system may work in more litigated areas like personal injury or medical malpractice cases, it is a very dangerous path in the newer industries of the bioeconomy.<\/p>\n In searching for an expert, I believe it is imperative to find one who is an active practitioners in the field.\u00a0 While I may desire experts with experience testifying, believing that they might be easier to qualify, I believe given a choice, it would be better to have one whose has never testified but has \u201chands on\u201d experience with the subject matter.\u00a0 Finding experts with industry experience is easily done through bioeconomy consulting groups whose members are experts actively engaged in the bioeconomy, and whose primary source of income is not testifying.\u00a0\u00a0I believe this is where one engages the more knowledgeable and credible witness, who best serves the attorneys, courts and juries.<\/p>\n \u00a0<\/p>\n About the author.\u00a0<\/strong>Wayne Lee is an internationally recognized alternative fuels consultant with over thirty years\u2019 experience. He is the CEO of Lee Enterprises Consulting, the world\u2019s largest and most established bioeconomy consulting group, with over 100 internationally recognized professionals worldwide. Lee Enterprises Consulting was established in 1995, and handles all areas of the bioeconomy, including both the established industries such as biodiesel, ethanol, biomass power, biogas\/AD, water treatment, and renewable chemicals, and the vast array of emerging technologies.\u00a0 Mr. Lee personally directs the corporate finance, and litigation support groups within the firm. Contact:\u00a0 Lee Enterprises Consulting, (501) 833-8511.\u00a0 Email: <\/em>[email\u00a0protected]<\/a><\/em>.\u00a0 \u00a0\u00a0<\/strong><\/em><\/p>\n \u00a0<\/p>\n <\/a>[1]The Expert Witness in Biofuels and Biochemicals Litigation<\/a>, Biofuels Digest, August 30, 2017<\/p>\n<\/div>\n\n
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