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 $350-$1,000/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.
