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    [Topics] [Phillip Kolczynski's Biography]

This section of the Aviation Law Forum is devoted to issues related to Technical Witnesses:  Adjusters, Investigators, Consultants, Testifying Experts, Accident Reconstructionists, Inspectors

 


How can I become registered as an aviation fuel expert? I would like to provide expert witness testimony in the area of aviation fuel safety, and operational issues. I have significant training and operational expertise. Thank you in advance, Martin
......................................................................

I wish I knew about you for a case I handled a couple of years ago! Yes, you have a wonderful specialty to work as an aviation expert in legal cases. There is no formal registration process in order to become qualified to work as an aviation expert. I have posted other replies in the Aviation Law Forum that provide recommendations on how to get started in this field. You can also review my article, "How To Be A Successful Expert Witness," which is published at the bottom of the list of Topics in the Aviation Law Forum on "Landings."

Because we work in an age of specialization, I strongly encourage experts to identify and advertise their subspecialties. No consultant wants to be passed over for a job opportunity because he or she has described their credentials with too much specificity. On the other hand, if you are one of the few experts in a particular field, you are extra marketable for that reason.

ALWAYS LAND WITH RESERVE FUEL! PHIL

    [Topics]


I received two questions from highly qualified individuals who wish to become expert witnesses in legal cases. One is an experienced pilot, instructor, mechanic and engineer. The other is a professor with advanced degrees in engineering, but limited piloting time, who wishes to become an accident reconstruction expert.
......................................................................
Both gentlemen have excellent credentials to become testifying expert witnesses. They are looking for ways to break into the business. Here is what I recommend:

1.Pay the tuition to attend the Technical Witness Course or Accident Investigation Course sponsored by the University of Southern California Professional School of Aviation Safety and Systems Management. It is the best school of its kind in the country, and is geared to professionals like yourselves who wish to obtain in depth and current education on all aspects associated with aircraft accident investigation, accident reconstruction and expert witness work. Contact Director Michael Barr for further information (213)740-6751.

2.Many lawyers who need an expert in a particular specialty seek the advise of an attorney who specializes in that area. The best method you have of meeting many such aviation law specialists is to attend Aviation Law Seminars. Here are some of the major aviation seminars that Aviation Lawyers and experts attend:

The Journal of Air Law and Commerce at Southern Methodist University in Dallas, Texas sponsors an Aviation Law and Insurance Symposium every winter which is attended by over 500 lawyers, experts and insurance professionals.

Embry-Riddle Aeronautical University in Daytona Beach, Florida sponsors an Annual Aviation Law Insurance Symposium in January which draws lawyers and experts from around the country who speak and network on current Aviation Law issues.

The Southwestern Aviation Law Symposium is held in Palm Springs, California every year in April provides excellent speakers on aircrash and FAA License Defense Litigation. The symposium is sponsored by the Orange County and San Diego Bar Associations (I founded this symposium in 1991).

The American Bar Association conducts an Aviation Law Symposium entitled, "The National Institute on Litigation Aviation" which is usually held in Washington, D.C. in the Fall.

The American Trial Lawyers Association, which is an affiliation of plaintiffs' lawyers, has annual symposia held in different locations each year. There is always a half day Aviation Section presentation. This year there will be a program in July involving Aviation Law in San Diego, California.

3.Sign up with expert/consultant referral services either locally or on line who will properly format your credentials and advertise them in directories utilized by lawyers and insurance companies who may be looking for an expert.

4.Make the acquaintance of attorneys who practice Aviation Law in the city nearest where you live. Ask them the names of other aviation lawyers in town who might hire an expert such as yourself. Send your resume to each attorney, but also include a summary of the matters you have investigated, reconstructed or worked on that demonstrate your experience in analyzing aviation accidents. Even if you haven't worked on accidents, you probably have experience trouble shooting safety problems. Explain this experience. Remember, not only the degrees and flight time you have that make you a valuable expert, but also your hands-on experience in the industry.

I HOPE YOU LAND IN COURT SOME DAY (AS AN EXPERT)! PHIL!

    [Topics]


In aircrash litigation, how do Courts determine whether an airman violated one or more of the FARs? ANONYMOUS
......................................................................
Dear Anonymous: Normally what happens, is that aviation experts testifying on behalf of the various parties, give expert opinions as to whether or not an airman complied with the FARs. Strictly speaking, however, an expert witness should not be permitted to render opinions as to whether or not the FARs were violated in that such opinions may constitute legal opinions; however, many Courts allow experts to do so anyway. This is true partly because FAA employees are not allowed to give expert opinion testimony in litigation between private parties. Also, a Judge who does not allow an expert to give an opinion on whether an airman complied with the FARs in a particular flying scenario, is asking for trouble. It is the Judge who must then decide this question of law which is a problem because most Judges do not know anything about aviation rules and practices. (An exception to this generalization exists with the Administrative Law Judges of the National Transportation Safety Board who hear FAA Enforcement cases. They are very knowledgeable about aviation rules and practices, but they are not the Judges who hear the aircrash cases.)

FOLLOW THE RULES WHEN LANDING! PHIL

    [Topics]


A while ago, a Captain of a Regional Jet Airliner wrote to Joe Benkert (see here) and inquired about obtaining "legal" interpretations of the FARs. I'd like to respond too.
......................................................................
Dear Captain: I would like to amplify Joe's excellent answer to your question. The only agency that can make a legal interpretation of the FARs is the FAA. Contrary to popular opinion, FAA lawyers do not write the FARs, at least not those FARs pertinent to operations under Part 91, 135, 121, etc. Pilots from the Flights Standards Service wrote the FARs. FAA Flight Standards District Office personnel are the appropriate agency personnel to interpret most operational FARs, if one wants an "official" interpretation. The FAA lawyers in the Office of the Chief Counsel in Washington, D.C. and in the Regional Offices can provide legal interpretations of the FARs where needed.

PHIL

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