Screening Experts
Experience:
Many people claim to be experts in undue influence evaluations,
but are not. Geriatric psychiatrists and psychologists are not trained in this issue, and neither are most forensic
psychiatrists. It is a specialized area of study, and therefore it is important that all “experts” be screened
carefully. Some of the basic questions and suggestions are:
1) What specific training have you had
that qualifies you as an expert? Many self-proclaimed "experts" have no formal training - including those that testify
frequently. They spread their naive ignorance widely.
A related question is: Has your work been supervised
or evaluated by known experts in the field of undue influence assessment? The answer for most people is "no."
2)
What specific experience do you have? The issue should not be the quantity of testimony, but the quality.
Ask this in conjunction with the question of training to avoid retaining the so-called "experts" mentioned above.
3) What articles/chapters/books/lectures, etc., have you written/given
on this topic? Again, many "experts" have written articles - but not on undue influence.
4) Similar
questions apply when mental capacity is at issue. Many mental health professionals are trained to assess
someone's ability to perform basic self-care tasks, and several are qualified when there is a question of testimentary capacity,
but most do not have the training, knowledge, or skill to assess donative or contractual capacity. Performing the Mini-Mental
State Examination is not sufficient.
5) Do not overlook the basics in the name of expediency. Too
often people in law, law enforcement, or social service agencies bemoan bad experiences, then say "But we couldn't get/afford/find
anyone else."
Fees:
In cases involving elder abuse litigation, an expert will spend ~30-40 hours
reviewing records, speaking with potential witnesses (usually by telephone), interviewing the victim and/or defendant (if
possible), consulting with the attorney, and testifying at trial. Expert fees range from approximately $300-$800/hr.
plus expenses. Most experts charge a nonrefundable retainer of ~$1,000-$10,000, against which time is billed.
When travel is required, billing is usually done on a daily rate.
