Consulting Services
Initial consultation is done to determine the exact needs
of each client or attorney. Services may include expert review
of obtained documents and records, review of records and reports
to obtain, and re-examination of existing determinations of
records, evidence or other relevant items and expert opinions
submitted.
Preliminary records review
Beginning review of a potential or pending litigation case
involving fire, police, ems, or other law enforcement departments
involves areas such as:
Incident reports - written
reports, 911 voice tapes, insurance reports, other investigator
reports, other agencies involved reports, post-incident critique
notes or records, witness statements, vehicle and/or equipment
records including maintenance files and certifications, traffic
signal settings, etc.
Evidence - photographs, video,
physical evidence, investigation measurement reports, lab
reports, evidence declarations and findings, any public camera
video feeds, etc. Evidence will also be compared to secondary
findings as well as our own photography where applicable or
possible.
Employee records - personnel
files, testing scores, promotional exams, training records,
supervisor reports and evaluations, disciplinary reports,
driving records, certifications and scores, pertinent medical
records, current work schedules and hours worked before and
during incident. Can also include records of crime lab technicians
at times along with the crime lab or other laboratory services
certification records. Criminal arrest record (yes, public
safety personnel can have an arrest record and it can be missed!).
Past employees names and basic information.
Interviews - witnesses, supervisors
(including past tense), other agencies involved or knowledgeable
of incident, vehicle or equipment maintenance employees, union
representatives, co-workers, medical personnel at the scene,
building officials, and any other persons involved directly
or indirectly with the incident or person(s) involved, past
employees, etc.
Standards Established
Standards commensurate with the agency or department's position
is established (ex: NFPA articles
and sections, state laws and statutes) and comparable community
standards are established. Once established these findings
become the applied standards during the investigation
of negligence or failure to perform duties as required.
Evidence is found in obscure places
Besides the expectant locations of evidence used by
almost every qualified investigator and forensic expert or consultant
there are places that do not immediately or routinely come up.
Many times only by using consultants or investigators that have
intimately been involved in the particular profession do the
evidence trails lead in the proper direction needed by the attorney.
Each piece of evidence may not be stand-alone quality for winning
the litigation but each piece together will quite possible change
the balance of evidence during the trial or pre-trial motions.
- A news agency that decided not to run the story but had
footage that showed information not previously known or
visible in scene still photos
- A 'post incident critique' was perform within the agency
but not officially recorded - notes or testimony exists
with some attending employees and/or supervisors (and they
may still be on the blackboard in the training room!)
- Medical example ; A firefighter is also a member of the
hazmat team. Within those records are medical baselines.
A previously unobtainable medical problem (physician records)
is then detected here in department records.
- Vehicle records show numerous entries for tire replacements
on a certain car. The investigation of the used tires shows
constant wear from high speed driving is an example.
- Past employee interviews can be very valuable in discovering
information that the current employees are reluctant (or
intimidated) to discuss. They are many times very willing
to be candid about conditions or things they witnessed.
- Unofficial notes many times exist but can be obtained.
Inspection of many firefighter or police officer duty gear
can turn up a personal notebook that contains written notations
on an incident or individual.
- Emails and interoffice memos are also a source that might
contain crucial data. Email review requires a keen eye to
locate pertinent materials and is where a qualified expert
consultant saves the attorney a great deal of time.
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