Forensic Practices

The expert should avoid conflicts of interest and the appearance of conflicts of interest.

Riesberg Architects follows this guideline by finding out in initial conversations who the parties to the matter are prior to accepting a commission. In addition, Riesberg Architects does not accept fees contingent upon the outcome of a case.

The expert should undertake an engagement only when qualified to do so and should rely on other qualified parties for assistance in matters that are beyond the expert's area of expertise.

Riesberg Architects is sometimes asked to potentially serve as an expert in areas outside their expertise. Riesberg Architects employees evaluate their qualifications in the matter at hand and turn down commissions for which they are not qualified. Most often, assistance is provided in helping the potential client or attorney find a qualified practitioner. Riesberg Architects defers judgment to other qualified parties for assistance in matters that are beyond their areas of expertise.

The expert should consider other practitioners' opinions relative to the principles associated with the matter at issue.

When available, we study each expert's opinions in the matter at hand and evaluate their opinions prior to writing a report and drawing conclusions. We reconsider opinions when their reports or testimony is issued subsequent to a report or testimony. Where we disagree, we are prepared to explain or do explain in a report why our opinion should prevail.

The expert should obtain available information relative to the events in question in order to minimize reliance on assumptions and should be prepared to explain any assumptions to the trier of fact.

Riesberg Architects has a reputation of being thorough and comprehensive in their investigation of facts. By being thorough, less assumption of the facts is necessary. Riesberg Architect's is prepared to explain any assumptions to the trier of fact.

The expert should evaluate reasonable explanations of causes and effects.

Riesberg Architects endeavors to understand and evaluate the possible causes and effect of the matter at hand. We consider other experts' opinions, physical evidence and, when appropriate, discuss issues with manufacturers' representatives. We perform non-destructive as well as destructive openings when necessary. Destructive testing is explained to the client prior to its performance.

The expert should strive to assure the integrity of tests and investigations conducted as part of the expert's services.

Riesberg Architects establishes investigation procedures in a way where the results are likely to be indicative of similar conditions. We consider population size when determining sample size. We strive to have a sufficient basis to draw conclusions with a reasonable degree of certainty. We evaluate the integrity of other experts' investigations and make recommendations for further investigation to back-check to verify or disprove another expert's statements of extent.

The expert witness should testify about professional standards of care only with knowledge of those standards that prevailed at the time in question,based upon reasonable inquiry.

The standards of care to which a building should be designed are constantly shifting, and Riesberg Architects often discovers differences between current and older standards. Therefore, Riesberg Architects extensively researches Codes, product literature, and recognized industry standards which were in effect at the time of the building's design and construction. Only through this reassembly of information can testimony be offered with a reasonable degree of certainty.

The expert witness should use only those illustrative devices or presentations that simplify or clarify an issue.

Riesberg Architects documents building deficiencies and alleged areas of deficiencies for later use both for potential exhibits to be shown to triers of facts and to refresh the memories of both ourselves and other experts. In addition, Riesberg Architects can provide comparative analyses showing cost breakdowns with culpability for various costs linked.

The expert should maintain custody and control over whatever materials are entrusted to the expert's care.

Riesberg Architects has established procedures which ensure the effective storage,identification, and tracking of materials obtained relative to an investigation. As a standard office practice, Riesberg Architects does not release any materials absent the direction of the client or their attorney.

The expert should respect confidentiality about an assignment.

Riesberg Architects understands the nature of confidentiality and assumes all investigations to be confidential. Historically, most of Riesberg Architects's assignments have been resolved through mediation or arbitration rather than in open court. The firm understands the advantages inherent in alternative dispute resolution and does nothing to jeopardize either the client's confidentiality or the settlement process.

The expert should refuse or terminate involvement in an engagement when feels used in an attempt to compromise the expert's judgment.

Riesberg Architects bases its fees on actual work performed by the firm and not on the outcome of a case. We refuse to testify without sufficient investigation as well and accept payment only for services rendered.

The expert should refuse or terminate involvement in an engagement when the expert is not permitted to perform the investigation that the expert believes is necessary to render an opinion with a reasonable degree of certainty.

Riesberg Architects strives to be conscientious in providing adequate investigation so that adequate conclusions can be drawn. If it appears a client cannot or will not allow appropriate investigation, we will turn down the commission.

The expert witness should strive to maintain a professional demeanor and be dispassionate at all times.

In all of our investigations, we attempt to think of the building as the client and do not sway our thinking based on the identity of the client or others involved in the litigation. Not only is this principle better ethically, it serves our firm well for future investigations. Our clients benefit from the fairness we strive to present as a just and reasonable solution to a dispute.

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