Witnesses and professionals are the backbone of the outcome of any major legal case. A strong testimony can influence the outcome of a case for better or worse.
Preparing for a legal battle means thoroughly vetting all involved parties, including expert witnesses and opposing counsel. Conducting comprehensive background checks is essential to ensure the legal process's integrity and safeguard your practice against unforeseen issues.
At Diligence International Group, we know the key elements of perfecting background checks for legal professionals and are here to give you the roadmap for enhancing your due diligence efforts.
Verifying Professional Credentials
Legal professionals must verify expert witnesses' professional credentials. This process involves confirming the authenticity of their educational background, employment history, and any specialized training they claim to have received.
Under the Daubert standard, an expert witness must possess specialized knowledge that assists the trier of fact in understanding evidence or determining a fact. Ensuring that your expert witness has a robust and relevant professional background can prevent the opposing counsel from undermining their credibility during cross-examination.
Checking Professional Licenses and Certifications
While it may seem obvious that a practicing professional holds the necessary licenses and certifications, this is not always the case.
Confirming that an individual has the appropriate and up-to-date licenses is critical. You must also check for upcoming renewal dates that might interfere with the legal proceedings. Board certifications, in particular, enhance an expert's credibility and demonstrate their expertise in a specialized field.
Conducting Criminal Background Checks
An expert witness’s or new hire’s criminal record can significantly impact their credibility. Even if past criminal activities are unrelated to their professional duties, they can still influence a jury’s perception. Conducting a thorough criminal background check ensures that the individual is considered honest and ethical, minimizing the risk of damaging revelations during a trial.
Reviewing Disciplinary Actions and Malpractice Claims
Professional misconduct, whether through disciplinary actions, board sanctions, or malpractice claims, can tarnish an individual's reputation.
Investigating these areas provides insights into the person's professional behavior and reliability. Pay particular attention to the outcomes of any malpractice suits—whether the claims were dismissed or upheld—as this can indicate potential weaknesses in the expert's testimony.
Getting to the bottom of these issues on your own can be a task, especially if claims are stagnant or older. Working with a professional investigative group like Diligence International can help you dig up the information you need to ensure your next witness can help you win when they take the stand.
Evaluating Memberships and Associations
Membership in professional organizations can add to an expert’s credibility and reveal potential biases. Scrutinize the affiliations of expert witnesses to determine if their associations might suggest partiality. This is especially important if the organization holds controversial views or the expert publicly supports positions that could conflict with their testimony.
Sidenote: Don’t Forget Publications, Presentations, and Media Appearances
An expert's published work and media appearances can provide valuable insights into their opinions and professional stance. Ensure that their past statements align with their testimony to avoid contradictions that opposing counsel could exploit. Review all publications, presentations, and recorded lectures to confirm consistency and support your case.
Investigating Litigation History
If you’re eager to get a certain professional on the stand, the chances are, you already know this isn’t their first rodeo. Before you make the call, take a look at their litigation history, which reveals their experience and reliability in court.
It is critical to understand their involvement in past cases, the outcomes, and any Daubert/Frye challenges they faced. This history can highlight patterns in their testimony and any potential biases, providing a strategic advantage in anticipating how they might perform under scrutiny.
Get Your Legal Witnesses Thoroughly Checked With Diligence International Group
In the courtroom, where every piece of information can be pivotal, ensuring comprehensive and precise background checks is your key to maintaining an unassailable position. Trust in Diligence International Group to be your partner in this critical endeavor, delivering the thoroughness and precision that the legal profession demands.
Discover how we can elevate your background check processes to new heights! Contact us today and take the first step towards perfecting your legal due diligence.
