50 KEYNOTES JANUARY 2024 WWW.ALOA.ORG for themselves. Yor role in this case may change substantially because the stakes are now much higher. This example is a little simplistic, but it demonstrates how the complexion of a case might change and how your expert witness gig can transform from a consulting role to testifying role. The above scenario also highlights why you should always bill the same for con- sulting services as you do for testifying services. If you remain a consulting wit- ness for a particular case, you can always refund some of your fees. Q: I’ve done a lot of research, and I have so many notes I can’t keep them organized. What can I do to keep them better organized? A: Go digital. For years, expert witnesses were told they had to keep all their notes in a bound notebook. That’s fine advice until you have to print images or a section of the International Building Code so you can include this information in your report. It’s difficult to “sew” that information into your composition notebook. Thank- fully, the days of having to compile all your information in paper form have pretty much come to an end. Taking notes digitally is acceptable now. Most note-taking programs have both free and premium versions. Try two or three to find the one you like the best. Once you find one you like the best, you’ll probably want to use the paid version. Popular note-taking programs include: Evernote Google Keep Joplin Microsoft OneNote Some important features to look for are: Syncing across your devices Ease of collaboration/sharing Ability to easily add images and pho- tos to notes Ease of use on tablets and smartphones Easy to make folders to organize content If you have a Microsoft 365 or busi- ness account, you probably already have a premium note-taking program at your disposal in OneNote. All you need to do is visit the Microsoft website and down- load the software if you find it to your note-taking liking. Another note on note-taking: Nev- er put anything in your notes that you wouldn’t want the members of a jury to read. Your personal feelings about the opposition, the judge, other experts, etc., should not be in any of your notes. While it’s true that a portion of your notes may be considered “work product,” the judge decides what is and what isn’t work prod- uct, not you or the attorneys. Tread care- fully when writing notes. Q: When should I start my expert witness report? A: Not until your attorney asks you to write it. Being the go-getter that you are, you probably want to jump right in and get started on your report. But you need to pump the brakes on that task. There’s a very good reason not to start your report right away. If you receive a subpoena to produce material on the case, you can’t produce a report that you haven’t written. These days, there are some protections in place for draft re- ports under Rule 26 of the Federal Rules of Civil Procedure. (Some states have also adopted all or some elements of Rule 26.) The opposing attorney cannot arbitrarily subpoena all drafts of your report without a good reason to do so. The judge, having the responsibility as the “gatekeeper” of all things related to expert witnessing, can ask for any and all draft reports if a situation warrants such a mandate. You can’t predict how a case will proceed, so having a partially written report can ac- tually hurt a case. Wait until your attorney specifically asks you to write your report. There are many other situations that you’ll encounter while working on your first case. Hopefully, this primer will start you off in the right direction and alleviate some of the stress you might have to con- tend with when you accept your first case. Vernon Kelley, CFDI, CFFDI, CFL, CMIL, CPL, ICML, IFDI, LSFDI, has been involved in the locksmith industry since 1989 and is a New Jersey li- censed locksmith. He is the proprietor of Vernon Kelley Security Consulting, LLC. A noted instructor, writer and expert in fire and life safety codes in the means of egress, he’s co-author of the book Institutional Lock Shop Management. Vernon is currently the first trustee of ALOA Institutional Locksmiths, secre- tary for the ALOA Scholarship Foundation and an ALOA SPAI non-voting director. He’s a recipient of the Lee Rognon, AIL Influential Leader, Robert Gress, Gerald J. Connelly, Jr. Pioneer and Ray D’Adamo ACE Instructor of the Year awards. “Thankfully, the days of having to compile all your information in paper form have pretty much come to an end.”
