Engaging Experts

In this episode…Our guest, Scott Bennett is an expert witness in property management and premise liability with over 3 decades of experience. He's an accomplished writer, professional speaker, and serves on numerous property management boards.Rather than taking every engagement, Mr. Bennett carefully evaluates conflicts, fit, and capacity to ensure he can deliver thorough, credible work. He also highlights the importance of formal contracts and retainers, protecting both the expert and the attorney, and shares his methodology for building reports from extensive discovery documents.Check out the entire episode for our discussion on report writing, deposition preparation, and the evolving role of expert witnesses in the age of AI.

In this episode…One bad contract clause, one opaque tour settlement, one “quick” call that turns into free strategy and suddenly a music business dispute is in court. We sit down with David Ciemny, CEO of Ciemny Inc., to talk about what expert witness work looks like in the entertainment industry and why it demands more than general business knowledge. David shares how a high-profile case opened the door, how he partners with teams like Round Table Group, and what attorneys are really listening for when they interview an expert.We also go deep on forensic tour accounting, common money pitfalls for artists, and why transparency in financial reporting can prevent disputes with management teams before they explode. 

A wine collection can look like a hobby until it lands in a divorce, an estate fight, or a federal case. Then every bottle needs a defensible value, a paper trail, and an explanation that makes sense to people who have never read a wine list in their lives. We sit down with Melissa Smith, founder of Enotrias Elite Sommelier Services, to talk about wine collection appraisal, expert witness testimony, and the real-world mechanics of treating wine as a legal asset.Melissa walks us through how she went from fine dining to becoming the person attorneys call when inventories, valuations, and credibility matter. We dig into what she now asks on the first phone call, what she deliberately holds back, and why scope and boundaries protect both the expert and the client. We also get specific about expert witness contracts, a simple rate structure, and why a nonrefundable retainer can be the difference between a clean engagement and months of chaos.

One of the fastest ways to lose credibility as an expert is simple: say more than you need to. Environmental consultant and expert witness Mark Elmendorf joins us to share what nearly 40 years of environmental consulting and courtroom work taught him about testimony, cross-examination, and building expert opinions that hold up when the other side comes swinging. We get into the real mechanics of expert witness selection and case intake: what attorneys ask for when they need a specialist in hazardous materials, regulatory analysis, contamination, or exposure scenarios, and what Mark asks back to avoid surprises. We talk conflict checks, why “just firewall it” can create risk, and how expert work often plays out in insurance-driven environmental litigation where carriers push hard to settle. Mark also breaks down his expert report writing strategy in detail: outline first, choose opinion points up front, keep each opinion distinct, and support it with clear references, cost analysis, and industry standards. We discuss rebuttal reports, why personal attacks are a credibility trap, and how strong writing and tight proofreading can be as important as technical knowledge. Finally, we cover practical trial prep, document overload, and the habits that keep an expert attorney relationship smooth from engagement letter to the witness stand. If you care about expert witness best practices, environmental litigation support, and writing reports that survive scrutiny, this one is for you. Subscribe, share this episode with a colleague, and leave a review with the biggest expert-witness challenge you want us to tackle next.

A crop can look fine from the road and still be in freefall, and a “damaged” tree can be one good growing season away from recovery. That gray zone is where expert witnesses earn their keep, and where bad assumptions can turn into huge losses.We sit down with Dr. Mark Czarnota, associate professor of horticulture at the University of Georgia, to unpack what happens when weed science, herbicide drift, and plant physiology collide with legal deadlines. He shares how expert witness engagements actually arrive, why staying current in pesticide research and specialty crop systems is a daily job, and what it takes to explain technical findings to attorneys, insurers, and lay readers without watering down the science. We also get practical about credentials that come up in court, including certified arborist expectations and pesticide licensing.Dr. Czarnota walks through depositions from the expert chair, including how lawyers try to corner new witnesses, why sticking to facts protects your credibility, and the courtroom lesson that led to a mistrial early in his career. We dig into report writing strategy, valuation challenges for injured ornamentals and trees, and the contract clauses experts must read closely before signing. If you work in agricultural litigation, horticulture litigation, or any technical field where the truth has to survive cross-examination, this conversation maps the terrain.Subscribe for more expert-focused conversations, share this with someone who testifies for a living, and leave a review with the most important rule you think every expert witness should follow.

Engineering failures rarely start with a single crack or a single bad decision. They start with messy constraints, unclear scopes, missing documents, rushed timelines, and people making judgment calls under pressure. In this episode, we connect with James Cohen, an award-winning forensic engineer and seasoned expert witness with more than 40 years in structural engineering, failure analysis, testing, and code work. He shares the moments that pulled him into forensic engineering, plus the hard-earned habits that keep an expert credible when the stakes are high. We dig into what actually governs an engineering opinion in litigation: the contract, the scope of work, and the specific codes and standards that were invoked at the time. James explains why working across countries is often less about geography and more about figuring out which standards apply and what the factors of safety really mean. From there, we get highly practical on expert witness workflow: the key questions to ask on the first attorney call, how licensing and conflicts shape whether you should accept a matter, why budgets have become a bigger part of modern engagements, and when it makes sense to bring in MEP or cost estimating support. James also shares how he approaches depositions and trials, including simple demonstratives that help juries understand compression, torsion, and shear, and why report writing should be built for a lay reader without losing technical rigor. If you’re an attorney hiring experts or an engineer stepping into testimony, this one will sharpen your process. Subscribe for more conversations like this, share it with someone who works in litigation support, and leave a review with your biggest expert witness red flag or best first-call question.

One weak expert can turn a strong case into a courtroom disaster, and one great expert can change the entire settlement conversation. In this podcast episode, we sit down with nationally recognized employment attorney Derek Smith of Derek Smith Law Group PLLC to talk about what actually works when hiring, managing, and preparing expert witnesses in sexual harassment and employment discrimination cases.We start with the moment Derek learned the stakes firsthand: a first case that forced him to get serious about emotional distress damages, diagnosis, and how expert testimony holds up under scrutiny. From there we get practical about expert witness vetting, including the must ask questions that protect you from the nightmare scenario of a judge refusing to qualify your expert after you’ve already spent months and thousands preparing for trial.Then we dig into the mechanics that trip people up: privilege and confidentiality, what is discoverable, why every document you give an expert matters, and how compensation discussions can create bias issues. Derek also shares his unorthodox approach to deposition and cross-examination prep, including improv based warmups to help experts stay calm and sharp, plus a mock cross that is tougher than the real thing. We wrap with engagement letter terms, flat fees vs hourly billing, demonstratives and visuals that persuade juries, and why long-term relationships with experts are a career advantage.If you work with expert witnesses, want better trial preparation, or simply want to understand how credible testimony is built, this conversation is a practical guide. Subscribe, share this with a colleague, and leave a review with your biggest expert witness lesson learned.

Randy Wall is both a certified instructor and a licensed civil engineer, and he shows us how that combo changes everything when snow sports accidents land in court. Randy explains how time gaps complicate site visits, why a consistent report template keeps testimony inside the “lane,” and how to translate dynamic crashes into clear, simple language that juries trust. Visuals are a cornerstone of his approach. He hand-draws clean diagrams to ground perspective and sequence, and when the record supports it, he partners with a crash reconstruction expert to build compelling animations that align physics with documented facts.We also map the standards landscape. Snow sports live inside a patchwork of state statutes, county rules, ANSI ropeway codes, ASTM equipment standards, and the National Ski Areas Association Responsibility Code—many of them voluntary. Randy shows how real cases hinge on duty of care, standard of care, breach, cause-in-fact, and proximate cause, not on blanket rules. He walks through the cascade of decisions that often leads to injury and how to separate foreseeability from hindsight.On the business side, Randy lays out his contract strategy: hourly, on retainer, with a thorough agreement. And how he screens for attorneys who want independent analysis rather than a prefabricated conclusion. His closing playbook for experts is crisp: prepare so your report leads, answer only the question asked in deposition, and never volunteer a tangent that opens new lines of attack.If you value sharp thinking, clean visuals, and courtroom-ready explanations, this conversation delivers. Subscribe, share with a colleague who works in litigation or risk, and leave a quick review telling us your biggest takeaway.

A map can tell the truth and still confuse everyone in the room. That’s why we sat down with veteran surveyor and expert witness Frank Ferrantello to unpack how he turns dense site data into clean, visual evidence that judges and juries actually understand. From adding targeted photos to forensic surveys to framing testimony in everyday terms, Frank shows how clarity and not theatrics, moves cases forward.We dive into the shrinking pipeline of seasoned land surveyors and why real expertise goes beyond data collection. Frank breaks down the legal backbone of surveying in New York: easements, boundaries, sidewalk liability, public versus private space. And how staying current on statutes and case law changes outcomes. He shares memorable examples from urban disputes, like when a plaza looks private but is governed by public agreements, and how mapping those lines can reset responsibility and reshape a claim.Frank also opens his playbook on professionalism: starting each matter with conflict checks, refusing the hired-gun mentality, and deciding whether the facts deserve his name. His preparation focuses on organized digital records, concise answers for cross, and the discipline to let evidence speak for itself. When a case lands late, tight systems and visual exhibits help him deliver fast without bending the truth.If you care about expert testimony, construction law, real estate disputes, or how to make complex information simple and persuasive, this conversation delivers practical insights you can use today. Hit follow, share this with a colleague who wrangles maps or liability, and leave a quick review to tell us what part changed how you think about evidence.

Contracts decide more than pay. They decide credibility, leverage, and whether your independence will stand up under scrutiny. We sit down with attorney Merry Campbell, Chair of Employment and Labor Law and Corporate Investigations at Shulman Rogers, to unpack how expert witnesses can safely operate as independent contractors without triggering misclassification, payment delays, or discovery landmines. From the default presumption of W‑2 employment to the maze of federal and state tests, Merry explains why “1099” is a claim you have to earn and document.We walk through the realities that make an independent contractor model viable for experts: freedom to accept or reject engagements, control over rates and scope, and the ability to serve multiple clients. Then we translate those realities into contract language that holds up. You’ll hear concrete guidance on defining compensable work, setting invoicing cadence, structuring milestones for termination, and avoiding any clause that ties payment to case outcomes. Merry Campbell shares pragmatic strategies for getting paid when intermediaries sit between you and the end client, how to request periodic status updates without creating forgettable obligations, and the exact red flags that opposing counsel will use to attack your neutrality.If you want your practice to run like a business, and your contract to prove it, this conversation will sharpen your approach to classification, negotiation, and payment. 

We sit down with Russell Knight, a Chicago and Naples divorce attorney to unpack how experts get chosen, what courts really value, and the quiet ways reputation and rigor steer outcomes.Russell breaks down the two pillars of expertise he relies on: financial analysts who trace income, valuation, and debt, and mental health professionals who assess parenting time and responsibilities. He explains the reality behind “court lists”, how the courthouse whisper network shapes expectations, and the specific questions attorneys ask before engagement: Are you accepted in this venue? Have you appeared before this judge? The conversation gets practical fast. Retain your expert, set firm delivery dates, and avoid late, stale reports that collapse under new facts.If you’re an expert witness aiming to be credible, timely, and resilient under pressure, or a lawyer who needs reports judges can trust, this conversation is a field guide. Subscribe and share. 

In this episode…Today’s guest is Robert DeCicco, principal consultant and lead expert in digital forensic technology services and cybersecurity at Quint, LLC. He's an experienced expert witness in the digital technology space, and a sought-after lecturer. Mr. DeCicco holds a BS in mathematics and computer science from Penn State and numerous licenses and accreditations in his field.According to Mr. DeCicco, ask your attorney before appearing in a new venue. Whether it’s cowboy boots in a Texas court or dressing up for New York, there are advantages to knowing the norms, rules, and procedures before stepping in for the first time. Check out the entire episode for our discussion on neutral appointments, protecting yourself in engagement letters, and remote demeanor.

Want a masterclass in expert witnessing from someone who’s seen it all? Hydrogeologist Theresa Jehn-Dellaport joins us to unpack how technical experts can protect credibility, communicate complex science with clarity, and navigate high-pressure moments without losing the thread. From her first landfill siting testimony to water court battles and federal cases, Theresa shows how careful preparation and ethical backbone shape outcomes.We dive into the first call playbook—what attorneys ask, what experts should ask in return, and the single red flag that ends an engagement: any request to ignore data. Theresa explains why credibility is a one-time currency and how to safeguard it across reports, social media, and public talks. She shares actionable deposition tactics, including pacing your answers, asking for breaks, and refusing to opine from flawed exhibits. Her approach centers on visual storytelling: GIS maps, groundwater animations, and simple demonstrations that bridge the gap between advanced modeling and lay understanding.You’ll hear how venue differences—civil court, federal procedures, and Colorado’s water court with its referee process—change structure but not the essentials of good expert work. We also get into rebuttal strategy: how to evaluate opposing reports, concede valid points without losing your thesis, and frame disagreements in terms of data and methods. Underneath it all is a blueprint for strong attorney–expert relationships built on respect, clear roles, and independent judgment.If you’re an expert curious about taking the stand, an attorney aiming to get the best from your experts, or a listener who loves the craft of clear communication, this conversation delivers practical, field-tested guidance. Subscribe, share with a colleague who needs it, and leave a review telling us your go-to tactic for keeping credibility front and center.

Want to know why the best experts rarely “win” a case—and why they still matter so much? We sit down with veteran estate and tax attorney and expert witness John Hartog to unpack the real value of expert testimony: confidence backed by facts, credibility that survives cross, and preparation that starts early enough to shape the entire strategy.John traces his first expert assignment decades ago to what makes testimony persuasive now. We talk about the line between confidence and overconfidence, how an expert adjusts for a judge versus a jury, and why swagger reads as advocacy when a jury is listening. He explains why experts typically don’t decide outcomes—the facts do—but how a disciplined opinion can frame those facts so a fact finder sees them clearly. If you’ve ever waited until the eleventh hour to hire an expert, John spells out the hidden costs, from shaky disclosures to weakened confidence, and makes the case for bringing experts in early to guide discovery, strategy, and settlement leverage.We go deep on credibility management: handling old articles and books that pop up on cross, distinguishing best practice from the standard of care, and staying consistent without being rigid when new facts or law emerge. John breaks down smart communication under differing discovery rules, especially in states where an expert’s entire file is discoverable. You’ll hear practical tactics—phone-first for substance, tight emails for logistics, screen sharing for drafts—and how federal versus state rules change report strategy. We also compare venues, from California courts to federal cases and even foreign jurisdictions that admit expert opinions on California law, and why local counsel should set guardrails when testifying elsewhere.Across it all, one theme stands out: productive tension. Lawyers sharpen an expert’s opinion by challenging it; experts strengthen a case by flagging weak facts and untenable theories. That respectful friction is where durable, persuasive testimony is forged. If you work with experts—or are one—this conversation offers a clear roadmap for building opinions that hold up when it counts.If you enjoyed the conversation, follow the show, share it with a colleague, and leave a quick review to help others find Engaging Experts.

In this episode . . .Ever seen a brilliant expert lose a jury in five minutes? Credentials alone don’t win cases, and today, we’re unpacking why. We’ve brought together three seasoned voices to share what really matters when turning expertise into testimony that persuades:Erik Groothuis – Commercial Litigation Attorney and ArbitratorMark McKenna – Professor at UCLA and Partner at Lex Lumina, LLPKevin Hensley – Partner at Barton GilmanFrom the first call to cross-examination, our panel dives into the traits that separate great experts from the rest: attention to detail, calm under pressure, and the ability to teach without talking down. You’ll hear why early involvement can save cases from brittle theories and missed evidence, plus the vetting checks these attorneys use to spot credible practitioners versus “for-hire” opinion mills.We also tackle the messy middle: how much material to share, why oversharing beats ambushes, and the value of starting experts on a consulting basis to preserve candid feedback. The conversation compares venue demands across state, federal, arbitration, and specialized courts, with practical prep tips and mock exam strategies that build confidence. We explore tricky scenarios: when a related specialty is enough, when it falls short, and how cross-examination can expose those gaps.One message runs through the conversation: great experts combine deep knowledge with clear communication, and great lawyers welcome early challenges to sharpen their case strategy. We wrap up with actionable advice experts can use today: be responsive, avoid surprises, align your schedule with court timelines, and think like a teacher.If you find this episode valuable, subscribe, share it with a colleague who hires experts, and leave us a quick review telling us the one expert trait you value most.

Media standoffs don’t start in a courtroom—they start at the negotiating table where content owners and distributors wrestle over price, reach, and leverage. We invited Howard Homonoff, senior advisor in media and entertainment, longtime dealmaker, Forbes columnist, and adjunct professor—to unpack how those high-stakes negotiations evolve into legal disputes and what great expert work actually looks like when the lights come on.Howard traces his path across both sides of the aisle, from acquiring channels for operators to defending brands at networks, and explains why that “Switzerland” perspective is gold when neutrality matters. We get specific about vetting: how attorneys assess fit and performance, how experts run conflict checks that catch hidden ties, and how a deep public record—columns, talks, interviews—can build credibility while also arming cross-examiners. He shares a simple rule for depositions that saves careers: answer the question and stop. If you care about media law, distribution strategy, expert testimony, or arbitration, this conversation delivers practical playbooks and hard-won lessons. Enjoy the episode, share it with a colleague, and if it helped you think sharper about expert work, tap follow and leave a quick review—we read every one.

Money leaves a trail, but only a clear storyteller can make that trail persuade a jury. We sit down with forensic CPA and litigation consultant Tatevik Torossian to unpack how expert witnesses transform complex financial disputes into simple, credible narratives that hold up under fire. From early career lessons to first-chair testimony, she shares the preparation habits that matter most: reading your own depo transcript, pressure-testing schedules, and anticipating the strongest lines of attack long before cross.Method and venue shape strategy. We break down a case where the opposing expert compared contingency-based revenue to time-and-material billings and drew the wrong conclusion—a classic apples-to-oranges error that an attentive expert can dismantle. Tatevik also contrasts Federal Rule 26 narrative reports with state court exhibit submissions, touches on family court dynamics, and shares how mediation and arbitration change the pace, cost, and outcome path. Along the way, we cover engagement timing, settlement realities, time-and-materials billing, collaborating with valuation and other specialists, and the daily coordination that keeps trial teams aligned.If you want to improve expert witness strategy, craft stronger demonstratives, or simply make your damages story stick, this conversation delivers practical steps you can use on your next case. Subscribe, share with a colleague, and leave a review telling us your favorite tactic for making complex numbers crystal clear.

What does it take to bridge the gap between deep technical expertise and effective courtroom testimony? Dr. Kirk McDaniel, with over 40 years of experience in mining and underground spaces, pulls back the curtain on the fascinating world of expert witnessing.The conversation reveals crucial insights for both aspiring expert witnesses and attorneys who work with them. Dr. McDaniel emphasizes the cardinal rule of expert testimony: "Know your lane and stick to it." This principle has guided his case selection, leading him to decline opportunities outside his domain of mining engineering and safety. His approach has protected him from credibility challenges while allowing him to deliver authoritative opinions in his field.Whether you're a seasoned expert, an attorney who works with technical specialists, or simply curious about how complex technical matters translate to courtroom settings, this conversation offers a rare glimpse into the strategic thinking behind effective expert testimony. The takeaway? Expertise alone isn't enough—understanding boundaries, maintaining professional standards, and fostering clear communication ultimately determine an expert's courtroom value.

Dr. Shawn Zardouz is a double board-certified specialist in Pain Medicine and Neurology, and the only physician in Newport Beach with this distinction. He holds a B.A. in Public Health from Johns Hopkins University and earned his M.D. from Wayne State University, graduating with honors in biomedical research. His postgraduate training includes an award-winning internship at Loma Linda University Medical Center, a neurology residency at UC San Diego, and a prestigious pain medicine fellowship at UCSD—recognized as the nation’s top program. As a Qualified Medical Examiner, Dr. Zardouz is an expert in treating traumatic brain injuries, chronic pain, CRPS, whiplash, post-concussion syndrome, and various neuropathies.In this episode:What makes a great expert witness on the very first call? We sit down with Dr. Shawn Zardouz, a double board-certified neurologist and pain management specialist, to break down the real work behind credible testimony: vetting case fit, demanding complete records, and staying fiercely objective from start to finish. If you’ve ever wondered how an expert prepares for hours of cross-examination or translates brain science into language a jury can trust, this conversation delivers a candid, practical roadmap.The field is moving fast, and so is the role of the expert. Dr. Zardouz explains how emerging tools like diffusion tensor imaging and potential biomarkers are shaping TBI claims, and how neuromodulation is changing pain management beyond steroid injections. We also talk about collaborating with broader trial teams—neuropsychologists, accident reconstruction experts, and vocational specialists—to build consistent, defensible opinions. Throughout, we highlight practical steps attorneys can take to set experts up for success: provide complete records early, allot time for real review, and keep communication clear and respectful.If you care about strong expert strategy, objective opinions, and medical testimony that jurors can follow, you’ll find a wealth of actionable insight here. Subscribe for more conversations with top experts, share this episode with a colleague who handles injury or TBI cases, and leave a review to tell us what you want to hear next.

A single magazine ad nudged a young CPA out of audit rooms and into the courtroom—and the lessons since have reshaped how we think about expert testimony. We sit down with Mark Gottlieb, practice leader at MSG and one of Forbes’ top CPAs for valuations, to explore how a forensic accountant turns complex financials into stories judges and juries can trust. From the first conflict check to the last exhibit tab, Mark shows why clarity and ethics are the expert’s real edge.We unpack the two hats experts wear—consulting and testifying—and why many engagements start under privilege before moving into the spotlight. Mark walks through his preparation process, including drafting direct and cross outlines, building question sets for opposing experts, and sequencing facts so the trier of fact can follow the thread. He explains how standards of value (fair value vs fair market value) change state by state, what that means for valuation modeling, and how courtroom technology—from 80-inch displays to tight visual timelines—can sharpen your message without overcomplicating it.Newer experts get a candid blueprint for depositions: answer only what’s asked, respect yes/no questions, and avoid volunteering context that can be twisted later. We also dive into practical workflow—initial document requests, follow-up discipline, shared channels, and maintaining momentum across dozens of active matters. Beneath the tactics is a human throughline: mentorship. Mark credits seasoned guides for helping him build a national practice and offers pointed advice for finding your own. If you work with experts, want to become one, or simply care about persuasive, ethical testimony, this conversation delivers tools you can use on your next case.Enjoyed this conversation? Follow the show, share it with a colleague, and leave a quick review to help more experts and attorneys find us

In this episode…Today’s guest, Dr. Pavithra Kumar, is a principal at Advanced Analytical Consulting Group. She specializes in the application of economic and financial theory to questions arising in complex security and finance litigation. Dr. Kumar is a published author and holds a PhD in finance from MIT.Women and minorities make up some of the most accomplished experts in their fields, yet they are often at a disadvantage when attorneys choose expert witnesses, according to Dr. Kumar. It is crucial to remain vigilant of subconscious biases and take positive steps to choose the best person for the engagement, regardless of background. Check out the entire episode for our discussion on being proactive, litigation in crypto, and building relationships as an expert.

Ever wondered what happens when trees become the center of legal disputes? Marty Shaw takes us behind the scenes of his fascinating career as an arboricultural expert witness, where he serves as "the CSI of trees" for courtrooms across America.Shaw's journey into expert witnessing began unexpectedly while working as a wholesale distributor for tree healthcare products. A chance meeting with an established consultant opened his eyes to a profession where his specialized knowledge could help resolve conflicts and deliver justice. After attending the American Society of Consulting Arborists Academy, Shaw developed the skills to translate complex tree science into testimony that judges and juries could understand.What makes Shaw's expertise particularly valuable is its rarity. "There's perhaps maybe a dozen people in the whole country that do what I do for a living," he explains, highlighting how he's carved out a specialized niche in arboricultural consulting. When preparing for testimony, Shaw creates detailed reports containing all his opinions and supporting documentation, helping him withstand challenges to his expertise while presenting information clearly to non-experts.Technology has dramatically transformed Shaw's practice over the years. As the first consulting arborist to regularly use drones, he now captures detailed site imagery that reveals critical information about tree conditions. "It's the most profitable service that I offer and the most useful tool that I own by far," Shaw notes, explaining how drone imagery provides evidence that would otherwise be impossible to collect.Beyond technical expertise, Shaw emphasizes that successful expert witnessing hinges on relationships. Setting clear expectations, maintaining communication, and showing mutual gratitude form the foundation of productive attorney-expert partnerships. For those considering this career path, Shaw advises patience: "If you're good at it, then the money will come and you'll be able to do it full time. But it does take a while."Ready to learn more about how expert witnesses shape legal outcomes? Subscribe to Engaging Experts for more insider perspectives on specialized testimony that makes a difference in courtrooms nationwide.

The hidden world of mortgage fraud and litigation comes alive in this eye-opening conversation with Anna DeSimone, owner of Housing Research LLC and a preeminent expert in residential mortgage lending since the mid-1980s. The financial services industry presents unique challenges for expert witnesses due to its thousands of state and federal regulations, each with numerous nuances and sub-rules. DeSimone walks us through her process of evaluating cases, from spreading dozens of appraisals across conference tables to identify patterns of fraud to preparing for grueling 12-hour court testimonies. Her insights into how seemingly minor errors can result in multi-million-dollar settlements illuminate the high stakes of regulatory compliance.Whether you're in the financial services industry, legal profession, or simply a homeowner, this conversation offers invaluable wisdom about the complex interplay of regulations, technology, and human behavior in the mortgage market. Subscribe now to hear more expert insights that go beyond the headlines to reveal the true dynamics of professional fields.

The courtroom can be an intimidating place for anyone—but when Jill Kessler-Miller walks in, she brings 30 years of dog expertise and an uncanny ability to decode what canines are really telling us. As she puts it with refreshing candor, "If I'm an advocate, it's for the dog."Kessler-Miller's journey from dog trainer to sought-after expert witness began with a simple suggestion from an attorney friend. Today, she navigates cases ranging from dog bites to fatalities, service dog evaluations to animal cruelty investigations. What sets her approach apart is her focus on the dogs themselves. While humans craft narratives after incidents occur, the dogs' behavior reveals the truth—if you know how to interpret it.The deposition process requires careful preparation and emotional discipline. Kessler-Miller shares practical wisdom gained from countless testimonies: bring multiple document copies, maintain composure despite provocations, and remember to "don't speculate, only answer questions asked, and shut up." She even offers an unexpected pro tip: a roll of pink duct tape makes the perfect spill-proof coffee holder during lengthy proceedings.For those considering expert witness work, Kessler-Miller offers sage advice: develop emotional resilience, remember criticism isn't personal, and maintain neutrality rather than advocacy. As she reminds us, the most powerful testimony comes not from pushing an agenda but from clearly explaining what happened and why—letting juries draw their own conclusions from properly interpreted evidence.Ready to explore how expert witnesses can transform your case? Connect with professionals who bring both expertise and integrity to the courtroom through Round Table Group's extensive network.

The journey from law enforcement to expert witness isn't a common one, but for Benjamin Mink, it provided the perfect foundation for becoming a leading voice in DEA compliance and opioid litigation. In this revealing conversation, Mink shares how his background as an Alaska State Trooper and undercover narcotics detective uniquely positioned him to navigate the complex world of pharmaceutical compliance.Mink's expertise wasn't developed in a classroom—it came through a "baptism by fire" when he joined a pharmaceutical distributor facing serious DEA enforcement actions and congressional investigations. This crisis immersion forced him to quickly master compliance regulations and risk mitigation strategies, skills that would later make him invaluable as an expert witness.What makes Mink's approach particularly effective is his focus on translation rather than mere information delivery. "A good expert isn't necessarily an encyclopedia," he explains, "it's a good translator, somebody that can break it down to a jury to the point that it's easy to understand." This philosophy guides his preparation for depositions and courtroom testimony, where he strategically studies previous testimonies to anticipate opposing counsel's focus areas.The conversation also explores practical aspects of expert witnessing—from preparation techniques and billing practices to navigating virtual testimony in the post-COVID era. Mink offers valuable insights for both experts and attorneys on building productive relationships, managing expectations, and the critical importance of careful listening during high-stakes depositions.Whether you're an attorney working with expert witnesses, an expert looking to refine your approach, or simply curious about how technical information gets translated for juries, this episode offers rare insights into the art and science of expert testimony. Subscribe to Engaging Experts for more conversations with leading voices in litigation support and expert witnessing.

What happens when a seasoned electrical utility professional with 35 years of experience decides to leverage his expertise in the courtroom? Christopher Larson, president of Larson Elite and a certified fire and explosion investigator, shares his fascinating journey into expert witnessing in this candid conversation.The conversation delves into practical matters essential for anyone considering expert witnessing: establishing non-refundable retainers, determining appropriate billing practices, and avoiding potential conflicts of interest. For professionals with specialized expertise considering the expert witness path, or attorneys seeking to work effectively with technical experts, this episode provides invaluable insights into building a successful practice founded on knowledge, integrity, and clear communication. Subscribe now to hear more conversations with leading experts across diverse fields.

When Steve Hopper received an unexpected call from an attorney thirteen years ago, he never imagined it would lead to a second career spanning over 55 cases as an expert witness in warehousing and logistics. Initially skeptical about expert witnessing due to negative media portrayals, Hopper discovered the critical importance of bringing specialized knowledge to judges and juries navigating complex technical issues.Perhaps most valuable is Hopper's perspective on ethics in expert testimony. "I'm not an advocate for your side of the case," he explains. "It's not my job. You're the advocate, I'm not the advocate." This commitment to factual accuracy has occasionally led him to withdraw from cases where attorneys pressured him to offer opinions he considered unsupported. For professionals in any field considering expert witness work, Hopper's experience provides a roadmap for maintaining integrity while delivering effective testimony.Considering sharing your expertise in the courtroom? Listen now to discover the realities of expert witnessing from someone who's navigated its challenges for over a decade.

When medical technology and legal expertise intersect, Dr. Linda van Roosmalen stands at that fascinating crossroads. Our conversation dives deep into her journey from university research lab to courtroom expert witness in the specialized field of wheelchair transportation safety.Dr. van Roosmalen pulls back the curtain on the ethical backbone of expert witnessing. She recounts refusing to alter her professional opinion despite attorney pressure, explaining why integrity isn't just morally right—it's professionally essential. "At all costs, you have to be extremely honest in your opinions," she insists, noting how past statements can return in future cases, making consistency crucial for credibility.The practical challenges of balancing expert work alongside a full-time career emerge as we explore her methodical approach to case management. Using specialized software to track hours across multiple cases that often span years, she maintains strict separation between her primary field and expert witness specialty to avoid conflicts of interest. Her flexibility—taking calls after hours or on weekends—reveals how modern professionals can successfully maintain dual careers.Want to learn how expert witnesses can strengthen your case? Contact Round Table Group today and discover why finding the right expertise makes all the difference in complex litigation.

Ever wondered what happens when economics meets the courtroom? Dr. Philip Cross pulls back the curtain on the fascinating world of economic expert witnessing with refreshing candor and practical wisdom.After earning his PhD from the University of Wisconsin and teaching at Georgetown University, Dr. Cross transitioned through major consulting firms before founding his own successful practice. His journey reveals a counterintuitive truth: authenticity trumps polish in the expert witness business. "I've kind of unlearned over the years to try to be slick and professional," he explains. "I'm just myself."The conversation explores the delicate balancing act economic experts must perform – applying economic expertise across diverse industries without overstepping boundaries, managing different attorney styles from micromanagers to completely hands-off, and navigating the stark differences between plaintiff and defense work. Dr. Cross maintains a deliberate mix of both to protect his credibility.Perhaps most illuminating is Dr. Cross's perspective on what makes attorney-expert relationships work: clear communication, appropriate boundaries between experts and end clients, and mutual respect for each other's expertise. Whether you're a practicing attorney, aspiring expert witness, or simply curious about how economic analysis shapes legal outcomes, this conversation offers an unvarnished look at a profession few truly understand.

When Dr. Linsey Willis took her first expert witness case in 1998, she had no idea it would launch a decades-long career testifying in cases across the United States. With refreshing candor and practical wisdom, Dr. Willis reveals what makes for success in the expert witness arena. Her approach combines rigorous ethics with savvy business practices. "Know what you know and know what you don't know," she advises, emphasizing that genuine expertise—not financial motivation—should drive case selection. This philosophy has served her well across numerous plaintiff and defense engagements in human resources, negligent hiring, and employment matters.The conversation explores critical aspects of expert witnessing that rarely receive attention: how to vet potential cases through detailed attorney interviews, establish clear payment terms ("I make it very clear that I'm not going to chase down money"), and prepare thoroughly for challenging depositions. Dr. Willis shares war stories from seven-hour depositions where opposing counsel deployed intimidation tactics, and explains how she maintained her composure throughout.For both attorneys seeking experts and professionals considering expert witnessing, this episode offers invaluable insights into creating "bulletproof" reports, navigating attorney relationships, and maintaining ethical standards in a demanding field. Whether you're a seasoned expert or considering your first case, you'll come away with practical strategies for more effective expert testimony.

What truly separates effective expert witnesses from those who merely possess technical knowledge? According to family law attorney Carl Taylor, it comes down to the expert's ability to translate complex information into compelling narratives that connect with judges and juries.In this wide-ranging conversation, Taylor draws on over 15 years of courtroom experience to share what attorneys really look for when selecting expert witnesses. Beyond credentials and expertise, he emphasizes the importance of what he calls "authority assets" - the publications, speaking engagements, and thought leadership that establish an expert's ongoing relevance. Perhaps most surprising is his insight that vulnerability between attorneys and experts often leads to stronger working relationships and more effective testimony.Whether you're an attorney who works with expert witnesses, an expert looking to improve your effectiveness, or simply curious about how complex information gets translated in our legal system, this episode offers valuable insights into a critical but often overlooked professional relationship. Taylor's unique perspective as both a family law attorney and a publisher helping experts create authority assets makes this a must-listen conversation for anyone interested in the intersection of expertise and persuasion.

Professor Lynn Rosenblum takes us behind the scenes of expert witnessing in the toy industry, revealing how deep subject matter expertise transforms into compelling testimony. Her path from Mattel's Director of Marketing to Associate Professor of Toy Design at Otis College has given her a unique vantage point on the industry she loves. Drawing from experiences manufacturing toys in eleven countries and working with companies of all sizes, she brings unparalleled knowledge to her role as an expert witness. "I am the history of toys," she shares, highlighting how her lifetime of experience creates authoritative testimony.The conversation delves into practical wisdom on navigating depositions with confidence, building rapport with legal teams, and balancing academic responsibilities with expert witness engagements. Her approach to preparation stands out—reading every document, examining physical samples, and maintaining professional poise under pressure. For attorneys, her insights on working effectively with experts prove invaluable, while professionals considering expert witness work will appreciate her candor about billing practices, preparation routines, and maintaining ethics throughout the process.Whether you're a practicing attorney seeking to better understand the expert witness perspective or a professional wondering how your specialized knowledge might translate to the courtroom, this episode offers both practical guidance and inspiration. Ready to discover how expertise becomes evidence? Listen now, and learn why knowing your subject matter deeply remains the foundation of effective testimony.

From accidental courtroom testimony to becoming "The Privacy Professor," Rebecca Herold's journey into expert witnessing began when the FBI sought her evidence in a criminal case involving her home's previous owners. This unexpected experience revealed her natural talent for explaining complex matters under pressure—a skill that would define her future career.With over 35 years in information security and compliance, Herold has established herself as a sought-after expert witness specializing in digital privacy, online tracking, and regulatory compliance. Her approach stands out for its unwavering commitment to honesty.Maintaining expertise in such a rapidly evolving field requires constant education. Herold starts each day reviewing news about security breaches, lawsuits, and regulatory changes. Her background as an adjunct professor and author of 22+ books provides the foundation for explaining technical concepts in accessible ways to judges and juries with varying levels of technical understanding.For those entering the expert witness field, Herold emphasizes understanding the specific scope and goals of each engagement. Rather than presenting everything you know—a tendency among academics—effective expert witnesses focus precisely on what's relevant to the specific legal questions at hand.Join us to discover how digital privacy expertise translates into effective courtroom testimony, and why maintaining professional integrity remains essential in this complex and evolving field. Subscribe to Engaging Experts for more insights from top specialists across diverse professional domains.

What happens when decades of Wall Street experience meets the witness stand? Mike Evans takes us behind the scenes of financial expert witnessing in this revealing conversation about bridging the gap between complex regulatory requirements and practical implementation.Drawing from his extensive career at Goldman Sachs, Lehman Brothers, and BNP Paribas, Evans explains how he transitioned from compliance officer to expert witness. His journey offers insight navigating the delicate balance between technical expertise and effective communication. "The compliance angle is how these things get implemented," Evans explains, highlighting the unique value he brings to legal proceedings where understanding the gap between written policies and actual practice often determines case outcomes.The conversation delves into practical aspects of expert witnessing that professionals rarely discuss openly. From managing relationships with attorneys and negotiating clear engagement terms to preparing for testimony and maintaining composure under pressure, Evans shares candid insights gained through real-world experience. His approach to testimony—making eye contact with finders of fact, speaking clearly, and maintaining unwavering integrity—provides a roadmap for aspiring expert witnesses.Perhaps most valuable is Evans' philosophy toward expert work, encapsulated in his father's advice: "Say what you mean and mean what you say." This commitment to consistency and truthfulness allows him to navigate complex cases with multiple attorneys while maintaining credibility. For attorneys working with financial experts and for professionals considering expert witnessing, this episode offers rare insights into effective collaboration at the intersection of finance and law. Subscribe now to continue learning from leading experts across diverse fields.

In this episode…Our guest, Chuck Malkus, is the president of Malkus Communications Group, a marketing, public relations, and reputation management firm. He’s a published author, ethics speaker, and sought-after expert witness. Delivery is everything, according to Mr. Malkus. Whether facing a judge, jury, live or over the Internet; a confident demeanor pay back dividends. Outline your three most important points, and be prepared to deliver them in a way which quickly resonates. Check out the entire episode for our discussion on tight deadlines, being prepared for intimidation, and scoping out the venue in advance. 

When scientific expertise meets the courtroom, how do complex concepts translate to juries with no specialized knowledge? Dr. Nicholas Money, a distinguished mycologist and professor of biology at Miami University, navigates this challenge regularly as an expert witness in cases involving fungal contamination.Dr. Money's journey into legal testimony began almost twenty years ago after publishing a book about indoor mold during a surge in litigation concerning mold contamination in buildings. Since then, he's provided expert testimony for both plaintiffs and defendants in roughly equal measure, maintaining a steadfast commitment to following scientific evidence regardless of which side engages him.The art of explaining mycology to non-scientists forms the cornerstone of Dr. Money's effectiveness as an expert witness. Drawing on his experience as an educator, he transforms complicated scientific concepts into accessible explanations without sacrificing accuracy. "Science should be accessible to the general public and members of a jury that have got no real scientific training," he emphasizes. "If I can't explain it to a very broad audience, then I failed as a teacher."Visual aids prove particularly valuable in this translation process. Dr. Money often creates his own demonstratives—charts, tables, and photographs—to illustrate mold contamination levels and compare cases. These visual tools help bridge the gap between scientific understanding and jury comprehension, especially when dealing with invisible threats like airborne fungal spores.For aspiring expert witnesses, Dr. Money recommends studying depositions from established experts and developing strong written report skills. The unpredictable nature of legal proceedings requires flexibility and thorough preparation, especially when facing cross-examination that might probe potential weaknesses in scientific arguments.Whether you're an attorney working with expert witnesses or a specialist considering legal testimony, this conversation offers valuable insights into the crucial role scientific expertise plays in our legal system and how to effectively communicate complex concepts when the stakes are high.

In this episode…What happens when a seasoned commercial litigator steps into the expert witness chair? Erik Groothuis takes us behind the scenes of this fascinating professional duality, sharing candid insights from his journey navigating both roles in the legal system.Having spent decades as a practicing attorney before adding expert witnessing to his repertoire, Groothuis offers a refreshingly practical perspective on what truly makes an effective expert. Contrary to conventional wisdom, he reveals that communication skills often trump pure subject matter expertise. "It's about storytelling," he explains, highlighting how the ability to translate complex concepts for judges and juries separates mediocre experts from exceptional ones.The conversation takes surprising turns as Groothuis shares his evolving views on virtual testimony. Despite initial skepticism about remote proceedings, he's discovered they often run more efficiently than traditional court appearances. From the elimination of travel time to streamlined exhibit sharing, this shift represents a permanent evolution in how expert testimony gets delivered – one that experts and attorneys alike should embrace.Perhaps most valuable are Groothuis's tactical insights on expert witness preparation, engagement structures, and maintaining credibility across cases. He emphasizes the importance of having experience on both plaintiff and defense sides to avoid being labeled a "hired gun," while offering practical advice on billing arrangements and pre-testimony rituals. The discussion culminates with his perspective on why expert witnesses remain crucial to the legal process: they can "tie the whole story together" in ways fact witnesses simply cannot.Whether you're an expert witness looking to sharpen your approach, an attorney seeking to better utilize experts, or simply curious about this specialized field, this episode delivers practical wisdom that only comes from someone who's truly lived both roles. Listen now for a masterclass in expert testimony from someone who knows the game from every angle.

In this episode…Our guest, Captain John Cox, is the CEO of Safety Operating Systems, a full-service aviation consulting firm. He is the recipient of the FAA’s Master Pilot Award, an analyst for numerous news media organizations, and a published author. Captain Cox holds an MBA in Aviation Management from Daniel Webster College. It’s important to know what your area of specialty is within your field, according to Captain Cox. Even if you have broad knowledge across many related areas, it’s best to take cases that are squarely within the bounds of your experience and expertise. Check out the whole episode for our discussion on keeping your billing rates simple, two-way communication, and getting feedback after your engagement ends.

In this episode…  Comfortable is credible, according to Dr. Dobson. She advises strong familiarity with your audio and video setup, so you aren't fumbling about during remote sessions. Additionally, she recommends that experts practice not only what they say, but the pronunciation and manner of delivery Check out the entire episode for our discussion on social media versus publication, acting as a rebuttal witness, and knowing your worth.  About our guest:Dr. Leslie Dobson, is a clinical and forensic psychologist with a private practice. She is an expert in forensic psychology focusing on civil law and forensic evaluations for sexual abuse allegations. Dr. Dobson holds a Doctor of Psychology from Loma Linda University. 

In this episode…Today’s guest, Steve Reese, is the CEO of Reese Energy Consulting, a full-service consulting firm serving the energy sector, and Reese Energy Training. He is an expert in natural gas contracts, energy marketing, sales contracts, and more. Mr. Reese holds a degree in Business Administration from the University of Central Oklahoma. Experts should review the pleadings before accepting an engagement, according to Mr. Reese. Doing so ensures that you are comfortable putting forth your opinion in service of the engaging attorney’s conclusion. This may require some convincing and a non-disclosure agreement, but Mr. Reese finds it worthwhile. Check out the entire episode for our discussion on direct client engagements, late payments, and understanding the limits of an attorney’s technical knowledge.

In this episode... Today's guest is Frederick Fisher, founder of Fisher Consulting Group, a loss control and prevention consultancy, as well as an expert in risk management and compliance. He is a sought-after speaker, presenter, and holds a JD from Lincoln University Law School. Expert witnesses are not advocates, according to Mr. Fisher. Winning the case is the purview of the attorney, not the expert. Answering questions truthfully, while not volunteering more than is asked is the key to a successful expert witness performance. Check out the entire episode for our discussion on cross-examination tactics to look out for, the impact of technology on experts, and rush-jobs.

In this episode…Our guest, Dr. Chris Daft is Dr. Daft is an award-winning physicist and engineer with expertise in medical imaging, semiconductors, signal processing, and more. He is a published author and holds over 15 patents. Dr. Daft holds a PhD in Materials Science from Oxford University.Engaging parties who try and negotiate rates are a red flag, according to Dr. Daft. He believes that budgetary constraints can get in the way of thoroughly focusing on the case, and effectively completing your engagement, which is unfair to the end client, and can affect your reputation.Check out the entire episode for our discussion on AI’s role in expert witnessing, working before administrative boards in patent disputes, and working remotely.

In this episode...Today's special guest, Professor Emeritus Edward Lamoureux reveals what can go wrong during an expert witness engagement.Upon receiving a call for a potential engagement, Professor Lamoureux responded emphatically that he was not the right person for the job. Nevertheless, with the attorney's insistence, he agreed to accept the engagement.Check out the entire episode for the story of what went wrong, and what precautions experts can take to avoid similar situations.

In this episode…Dr. James Pastor is the principal expert at SecureLaw LLC, a security and legal consultancy. He's a security expert with a broad background, ranging from police work to academia. He's a published author, a sought-after public speaker and of course, an expert witness. Dr. Pastor holds a PhD in public policy analysis.Do not, under any circumstance, work without a retainer, according to Dr. Pastor. He believes that your credibility and the engaging lawyer’s respect for your experience are embodied in retainers, and agreeing to one gets the employee-expert relationship off on the right foot. Check out the entire episode for our discussion on avoiding premature opinions, Zoom depositions, and conceding less-than-ideal facts. 

In this episode…Our guest, Ms. Merrill Cohen, is a vocational consultant and life care planner for Strategic Consulting Services. She’s an experienced expert witness in both federal and state court and a certified rehabilitation counselor and certified life care planner. Ms. Cohen holds a master's in counseling from Seattle University.It’s easy to get shaken up as a new expert, according to Ms. Cohen. She recalls getting annoyed at opposing counsel when they’d ask the same question over and over, changing a word or two to try and obtain a different answer. These days, it’s just a matter of answering honestly, “you get paid for every time you have to answer”, she reasons. Check out the entire episode for our discussion on red flags, freebie consultations, and controlling your testifying demeanor.

In this episode…Our guest, Dr. David Stephens, is a biochemist, health physicist, and environmental and forensic consultant. He has worked with the Health Department on numerous matters, including radioactive materials licensing, and he has served as an expert on cases ranging from clandestine drug lab analysis to environmental risk factors. Dr. Stephens holds a PhD in Biochemistry from UT Austin. Don’t start working until you have a signed contract, according to Dr. Stephens. It can be tempting to try and be overly helpful on initial calls and conversations, but it is important to get paid for any work you do in service of the end client. Check out the entire episode for our discussion on making it through slow periods, good communication, and staying current.

In this episode… Today, we feature two guests on the show: Tom Demont and Mark Stuart. Mr. Demont is the President of Technical Services, Inc., and a 50-year veteran of the locksmithing and security professions. He has written for numerous trade publications and is an experienced expert witness.  Mr. Stuart is the President of Associated Lock Forensics, a full-service expert witness consulting firm; and Emerald Coast Fire Door Inspections. He is a locksmith as well and holds a JD from Woodrow Wilson College of Law. Obtaining and maintaining certifications is the key to credibility with engaging attorneys, according to our guests. In trades like locksmithing, certifications take the place of academic credentials, and quickly communicate your wheelhouse, and your commitment to staying current in your field. Check out the entire episode for our discussion on billing for different activities, going to settlement, and developing conclusions in expert reports. 

In this episode…What truly makes the attorney-expert relationship work? In this revealing conversation, host Noah Bolmer sits down with two veterans of expert testimony, forensic psychologist Dr. Jolie Brahms and insurance expert Kevin Quinley, to unpack the nuances of this critical professional partnership.The discussion takes us behind the curtain of expert witness work, revealing what both sides should know but rarely discuss openly. From that crucial first phone call where relationships are established to the diplomatic art of declining problematic engagements, our guests share candid insights about navigating the complex human dynamics at play.Both experts emphasize that respectful communication, clear expectations, and professional boundaries create the foundation for successful collaborations. They reveal the red flags that signal problematic engagements, share strategies for delivering unwelcome opinions, and offer practical advice for working effectively with diverse legal teams.Particularly valuable is their guidance for newer expert witnesses. Technical expertise alone isn't enough – successful experts need emotional intelligence, communication skills, and thick skin. As Dr. Brahms eloquently puts it: "We're keeping alive our judicial system, which is what makes us a democracy." This perspective elevates expert testimony beyond mere transaction to a crucial component of justice itself.Whether you're an attorney who works with experts, an expert witness yourself, or simply fascinated by the inner workings of our legal system, this conversation offers rare insight into relationships that shape courtroom outcomes. Subscribe to Engaging Experts for more illuminating discussions with the professionals who help determine the course of litigation across America.

In this episode… Today’s guest, Sheila Lowe, is the owner of Sheila Lowe and Associates, a handwriting authentication and behavioral profiling firm. She’s a published author of handwriting analysis books as well as mystery novels. Ms. Lowe holds a master’s in psychology from California Coast University. Take physical presence into consideration when billing, according to Ms. Lowe. She offers a flat rate for remote testimony, and a separate hourly rate for in-person appearances. Additionally, a non-refundable retainer prevents attorneys from using her name to draw settlements without paying. Check out the entire episode for our discussion on repeating mistakes, the benefits of settlements, and telepresence considerations. 

In this episode…Our guest, Mr. Gerry Christensen is the founder of Wireless Waypoint, a consulting firm specializing in wireless technology solutions, and Mind Commerce, an information technology and strategy firm. Additionally, he’s the Head of Partnerships and Regulatory Compliance at Caller ID Reputation, a technology-driven service company. Mr. Christensen is a sought-after expert witness and holds an MBA from Auburn. If you can’t take your emotions out of a case, you should decline, according to Mr. Christensen. Even without a traditional conflict of interest, it is important to be comfortable opining on a topic given the facts of the case and the framework established by the engaging attorney. Neutrality is key. Check out the full episode for our discussion on expert witness referral services, trying too hard to be helpful, and arbitration.