How To Defend the Indefensible Find the Mitigating Factor

𝙃𝙤𝙬 𝙄 𝙖𝙣𝙖𝙡𝙮𝙯𝙚 𝟮𝟳𝟱𝟲 𝙥𝙖𝙜𝙚𝙨 𝙤𝙛 𝙢𝙚𝙙𝙞𝙘𝙖𝙡 𝙧𝙚𝙘𝙤𝙧𝙙𝙨

And help my retaining attorney prevail (𝙋𝙖𝙧𝙩 𝟮)


Steps 1-4 of an attorney-expert engagements are:

𝟭) 𝙏𝙝𝙚 𝟭𝙨𝙩 𝙘𝙤𝙣𝙩𝙖𝙘𝙩
𝟮) 𝙏𝙝𝙚 𝙛𝙧𝙚𝙚 𝙨𝙖𝙢𝙥𝙡𝙚
𝟯) 𝙏𝙝𝙚 𝙧𝙪𝙡𝙚-𝙤𝙪𝙩
𝟰) 𝙏𝙝𝙚 𝙙𝙖𝙩𝙖 𝙙𝙪𝙢𝙥

Then the hard work begins


Steps 5-8 of an attorney-expert engagements are:

𝟱) 𝗧𝗵𝗲 𝗙𝗶𝗻𝗲-𝗧𝗼𝗼𝘁𝗵 𝗖𝗼𝗺𝗯

• The timeline is compiled
• The facts are recorded in an E-Writer
• The who, what, where, when, why, and how
• The records are reviewed from start to finish

𝟲) 𝗧𝗵𝗲 𝗗𝗲𝗯𝗿𝗶𝗲𝗳

• A phone call with full disclosure
• A Teams conference with the firm
• A Zoom meeting with "share screen"
• ❌A long email with opinions is sent (𝙉𝙚𝙫𝙚𝙧)

𝟳) 𝗧𝗵𝗲 𝗖𝗼𝗻𝗰𝗹𝘂𝘀𝗶𝗼𝗻

• The breach in standards was ...
• The compliance with standards was ...
• The breach was XYZ, ⭐𝙗𝙪𝙩 𝙩𝙝𝙚 𝙢𝙞𝙩𝙞𝙜𝙖𝙩𝙞𝙣𝙜 𝙛𝙖𝙘𝙩𝙤𝙧 ...

𝟴) 𝗧𝗵𝗲 𝗢𝗽𝘁𝗶𝗼𝗻(𝘀)

• The attorney asks for an affidavit
• The attorney asks for a certification
• The attorney asks for a comprehensive report
• The attorney asks for nothing and bids me farewell


Then

The case is fully in the hands of the legal system

And I patiently await my next involvement

Weeks, months, sometimes years later


For Defense attorneys... ⭐𝙩𝙝𝙚 𝙢𝙞𝙩𝙞𝙜𝙖𝙩𝙞𝙣𝙜 𝙛𝙖𝙘𝙩𝙤𝙧⭐

Plays an outsized role in the direction

That their defense (𝙤𝙧 𝙡𝙖𝙘𝙠 𝙩𝙝𝙚𝙧𝙚𝙤𝙛)

Will ultimately take


𝙄𝙨 𝙮𝙤𝙪𝙧 𝙖𝙩𝙩𝙤𝙧𝙣𝙚𝙮-𝙚𝙭𝙥𝙚𝙧𝙩 𝙚𝙣𝙜𝙖𝙜𝙚𝙢𝙚𝙣𝙩 𝙥𝙧𝙤𝙘𝙚𝙨𝙨 𝙩𝙝𝙚 𝙨𝙖𝙢𝙚?