Alumnus delivers seminar on being an expert witness
By Patrick Beseda
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"Never compromise your integrity." He said it once, he repeated himself, and then he said it again.
"Never compromise your integrity." Dr. Paul Kyed spoke for the weekly Materials Research Seminar in Hill Hall last Thursday afternoon. A 1989 graduate of Colorado School of Mines' MME department with a masters degree from Standford, Kyed returned to CSM for his Ph.D. in MME; he is now a professional engineer turned lawyer.
Kyed attended law school at the University of Denver, served a year-long clerkship with Colorado Supreme Court Justice Nathan Coats and is now part of one of the largest firms in the western United States - Holland and Hart.
Dr. Kyed presented to a room packed with experienced professors, veteran engineers, and scientists and engineers in training. He explained the many reasons why engineers may find themselves involved in the justice system. Surveying the professors in the room, he found that a few had been expert witnesses before. "It's a teaching experience," according to Dr. George Krauss. Agreeing with this statement, Dr. Kyed elaborated on what it means to be an expert witness.
He moved the room through a hypothetical and humorous trial, in which members of the audience were called upon to play the roles of Supreme Court Justices as well as an expert witness. He spoke about what it takes to qualify as an expert witness in a case and shared what it feels like to actually be involved in a trial. "Your resume will be under fire; to be spun one way or the other. It's fair game." Kyed stressed that this is not a personal attack, but it's simply the way that business works.
After covering the logistics of being an expert witness, Dr. Kyed offered advice to engineers interested in the opportunities being an expert witness offers. He told the audience, "You only have one reputation to lose. Go with the facts and be sure to exercise caution if asked to work too quickly." Kyed noted that in criminal and civil trials, peoples lives can be at risk: "The stakes are very high."
Dr. Kyed illuminated a few simple points for trial participation. Being an expert witness can be dangerous and confusing: "Master the material, simplify the complex issues and answer the questions, nothing more."
Kyed then spoke to the social aspects of the engineers in the room. "You have to find your inner charisma," he said. Kyed encouraged future expert witnesses to come out of the shell they hide in and be convincing; he stressed the importance of staying calm, even when being scrutinized.
Dr. Kyed then took the time to talk about the business side of the field and how to properly market oneself. In his eyes, it is most important to work meticulously and ethically. According to Kyed, "Good work brings more work." He suggests that students should strive to have a top-notch resume, to publish articles, and to network with peers and lawyers in their area. Kyed also warned, "If you are not qualified to testify, say so." It can be tempting to tell lawyers what they want to hear with the amount of money that is offered to expert witnesses; Kyed warns that witnesses should never compromise their integrity.
Dr. Kyed also spoke to "what every engineer should know about being arrested. Don't do like they do on TV and spill your guts. You can always remain silent and ask for an attorney."
Kyed ended his presentation with a short segment regarding the benefits and obstacles of engineers attending law school. On the plus side, he noted, engineers are objective thinkers and tend to do well in all subjects. Engineers turned lawyers will find themselves in a highly competitive field.
Finishing the discussion, Kyed expressed his pride in CSM. The lecture series continues, as always, next Thursday, March 6, at 4pm in Hill Hall 202 with Dr. Kharagpur Sarveswara Rao, of IIT, presenting research involving aqueous processing of copper, zinc, and lead sulfides.
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Les Hammer
posted 3/05/08 @ 10:17 AM MST
This reminds me of the time I was a juror in an accident case that had an "expert witness." He apparently was one of the best - when talking to the lawyer for the other side (the side that won) after the case was over he said he wanted to get that expert but the prosecution hired him first. (Continued…)
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