Twelve years after that defining U.S. Supreme Court ruling, a number of misconceptions still persist in determining whether an expert witness's testimony may be presented to a jury.
To permit expert testimony, Daubert listed several relevant factors:
- Whether the theories and techniques employed by the expert have been tested
- Whether they have been subjected to peer review and publication
- Whether the techniques employed by the expert have a known error rate
- Whether the theories and techniques employed by the expert enjoy widespread acceptance
Notwithstanding these clear statements in Daubert, many litigation support consultants assume that there is an informal checklist of accepted "Daubert factors" or several specific tests that an expert witness must pass before that testimony can be admitted. Daubert points out that there is no such simple checklist. In fact, the ruling specifically states that in determining admissibility, every expert witness must be considered on an individual basis.
Experts are not limited to what is generally accepted. It is the focus on the reliability of the methodology that is critical to determining whether or not the expert will be permitted to present his or her conclusion in the courtroom.
About the Author:
James P. Robinson has more than 30 years' experience in public accounting, primarily working with real estate developers and contractors as well as in the areas of business valuations and business damages, healthcare, manufacturing, and income and estate tax planning.
Robinson, a valued member of his firm since 1978, gained his entry-level and supervisory experience in the New York metropolitan area. A partner since 1981, he became a name partner in 2001, resulting in the firm's first name change in 25 years. He currently focuses his practice on litigation support, business valuations and business damage, and income and estate tax planning.
Robinson was awarded a Bachelor of Science degree from the University of Bridgeport in 1969, thereafter earning his CPA certificate from both New York and Florida. In 1998, Robinson was among the first group to receive the designation of "Accredited in Business Valuations" (ABV) from the American Institute of Certified Public Accountants. He has written articles on healthcare and frequently lectures on business damages and business valuations. With partner Gary Gerson, he co-authored a manual for the Florida Department of Transportation called A Presentation Regarding a CPA's View of Varying Interpretations of Business Damages under Florida Law.
Robinson also manages the litigation support department for the firm. A member of the American Institute of Certified Public Accountants, the Florida Institute of Certified Public Accountants, and the New York Society of Certified Public Accountants, he is also qualified as an expert witness in the valuation of businesses, business and contract damage issues, and marital forensics and regularly testifies on these matters in many Florida Circuit Courts.
Robinson is a proven community leader. Treasurer of the Jeb Bush for Governor Campaign for the State of Florida in 1998 and 2002, he was an original director of the board of the Foundation for Florida's Future and served as Governor Bush's representative to various committees, including the Florida Pension Working Group, the Intangible Task Force, and the Law Enforcement Review Panel. Over the years, he has served as an officer and member of the boards of directors of many charities, including the Jewish Federation of South Palm Beach County, Donna Klein Jewish Academy, and B'nai Torah Congregation. Robinson and his wife, Rose, have also established an endowment fund to benefit teen programs at the Levis Jewish Community Center and an endowment to perpetuate annual giving to the Jewish Federation. Long-time residents of Boca Raton, the Robinsons have three children.
