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Experts on the Internet continued from page 35 provided information about that expert. The experts themselves often list the names of the attorneys with whom they have worked in the past on their Web sites—or you can simply ask the expert for a list of references. Don’t Get Bitten An expert is retained based largely on an educated guess. You cannot predict with any certainty whether the expert will be effective at trial, or how the expert will analyze the intricacies of the case. Once a potential expert witness has been located, however, you can research that expert’s past to see if there are any skeletons in their closet. • Has the Expert’s Opinion Been Consistent in Public Forums? It is important to learn if an expert’s opinion has been consistent in public forums, such as at conferences where they spoke, in online discussion groups (both the expert’s messages to the group and any references to the expert in a discussion group), the expert’s personal Web site, or even a Web site other than his or her own. Searching for an expert using a search engine may capture these extra nuggets of “public” information. • What does the Expert Say at Conferences? By typing the expert’s name into a general-purpose search engine on the Internet (e.g., Google), conference papers and even their PowerPoint presentations used at conferences can sometimes be found. To limit your search to PowerPoint presentations only, go to www.google.com and click on the “Advanced Search page.” Enter your search (e.g., the expert’s name) and then select the File Format “Microsoft PowerPoint.” • Has the Expert Been Active in Usenet Discussion Groups? Besides using a search engine to learn an expert’s opinion on a particular topic, you can also search postings made by the expert if he or she participated in a usenet discussion group. These postings are searchable in Google Groups (http://groups.google.com), a feature that is separate from Google’s general-purpose search engine. It contains over 750 million posts dating back to 1985. To find the expert’s postings, users should conduct two different types of searches on Google Group’s Advanced Search page (http://groups.google.com/advanced_group_search). First, search the expert’s name in the “author” field and second, search by the expert’s e-mail address in the “author” field. You might also learn what opinions others have about the expert by searching the expert’s name in the “key word field” (either in the “with all the words” box or the “exact phrase” box). Keep in mind that many people have more than one e-mail address, so try to discover all of them to conduct a complete search. Also keep in mind that some people surf anonymously or with pseudonyms, so you may find nothing. Finally, remember that many people share even the most unusual of names. Google Groups may also be used to search by topic to find experts or lay-people who have encountered the same situation as your client (e.g., “Firestone tires” may be entered as a search term into Google Groups to find others who have encountered serious problems with treads that have separated or to find experts who have been involved in tread separation lawsuits). • The Expert’s Web Site – Goldmine or Landmine? An expert’s own Web site should be carefully reviewed prior to retaining the expert. If a search engine did not locate the expert’s Web site, try simply entering the expert’s name or company name as a dot.com (e.g., expertname.com). Many experts post their full curriculum vitae, litigation experience, speaking engagements, references, memberships and professional organization affiliations, articles and/or newsletters on their sites. When reviewing an expert’s Web site, keep in mind that opposing counsel can do so as well. Be aware that experts’ Web sites are sometimes little more than self-promotion, so tread carefully. Is there anything embarrassing or contradictory on the site? Does the expert pronounce that he or she “is the leader in the industry” or put forth similar bravado that could affect how the jury perceives the expert? Imagine how the jury would react if the pages of the expert’s Web site were displayed as exhibits at trial—they very well could be. • Ever been in trouble? It is also important to determine if an expert has been reviewed or disciplined by their jurisdictional licensing boards. Although not a free search, Idex (www.Idex.com) has created a searchable database for this purpose. To access this database, one must be an Idex member and a defense attorney (or work on behalf of a defense attorney). Also, check the licensing agencies in the state where the expert is licensed and search their professional association’s Web site for any discipline or malpractice information. • You wrote that? You cannot depend on the expert to have posted all of his or her published works on their Web site; you must search on your own. For a nationwide search of newspaper or magazine articles written by (or about) your expert, you’ll need to use a pay database such as Lexis or Westlaw. The Internet is a perfect resource, however, to access an individual newspaper or magazine (or a local newspaper or magazine that may be too small to be included in Lexis or Westlaw). A list of newspaper URLs can be found at www.ceoexpress.com. A free search engine for finding and obtaining the full-text of articles is FindArticles.com, which contains articles from more than 300 mag- 36 FACTS & FINDINGS / AUGUST 2003
azines and journals dating back to 1998. Some legal portals, such as Hieros Gamos (www.hg.org), post articles written by experts. Many trade associations publish online newsletters, and some provide either full text or extracts from articles. The Accident Reconstruction Communications Network, for example, (www.accidentreconstruction.com), a professional organization for those in the accident reconstruction industry, has a monthly newsletter with expert articles. This site also has an active discussion forum that includes opinions posted by various accident reconstructionists. What Else? Former government employees may make good experts, and so may non-government experts who have testified before a Senate or House Committee hearing, for example. Search Firstgov.gov (http://www.firstgov.gov) by topic to locate a government document that discusses your matter at hand and makes references to experts. It indexes 51 million Web pages from federal and state governments, the District of Columbia, and U.S. territories. Most of these pages are not available on commercial Web sites. You may also locate experts in the legislative history of a bill. At the federal level, search full text at Thomas for House and Senate Committee reports (http://thomas.loc.gov/home/- thomas.html) and at the state level, search legislative history (referred to as “Analysis” in California) at http://www.leginfo.- ca.gov/bilinfo.html. You may pick up the name of an expert or find a reference to a study that you could then track down in order to find the expert who prepared the study. You might also try to contact the staff person who prepared the analysis (their name and phone number usually appear at the end). They may be able to provide you with the study or other useful information. The Internet is a content-rich frontier. Deep, well-lined pockets of information abound in corners of the web that are usually overlooked by the casual researcher. Patience, persistence, and a sound understanding of what you are looking for can yield tremendous results from the “Invisible Web.” Carole Levitt is Vice-Chair of the Law Practice Management & Technology Section of the California State Bar, as well as President of Internet for Lawyers. clevitt@netforlawyers.com Jim Robinson is an Executive Committee member of the Law Practice Management & Techology Section of the California State Bar, as well as President of the JurisPro Expert Witness Directory. JRobinson@JurisPro.com
Page 2 and 3: Departments President’s Message -
Page 4 and 5: Call for Proposals 2004 Convention
Page 6 and 7: Anatomyofa Construction Paralegals
Page 8 and 9: Anatomy of a Construction Defect Ca
Page 10 and 11: Resources & Opportunities Reviewed
Page 12 and 13: Automotive Product Liability contin
Page 14 and 15: Po Windows er Can by Robert M.N. Pa
Page 16 and 17: Estimated Number of Persons Injured
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Page 22 and 23: Get ‘Wired’ for Savings continu
Page 24 and 25: y Ann Marie Verity Paris may be the
Page 26 and 27: An American Paralegal in Paris cont
Page 28 and 29: CONVENTIONSNAPSHOTS July 9-12, 2003
Page 30 and 31: CONVENTIONSNAPSHOTS NALA Board and
Page 32 and 33: Experts on the Internet continued f
Page 36 and 37: EDUCATION A Road Worth Traveling Th
Page 38 and 39: TECHNOBITS Use the Technology Elect
Page 40 and 41: PRACTICETIPS Knowledge Really IS Po
Page 42 and 43: Practice Tips: Behold the Power of
Page 44 and 45: members demonstrates the importance
Page 46 and 47: y the United States Bankruptcy Cour
Page 48 and 49: AFFILIATESCOLUMN Making the Most of
Page 50 and 51: ility of course content and materia
Page 52 and 53: & NEWS INFORMATION Phyllis L. Dunha
Page 54 and 55: & NEWS INFORMATION NORTH DAKOTA Red
Page 56 and 57: & NEWS INFORMATION Alicia L. Castil

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