Expert Witness Qualities to Look for in Land Surveyors

Expert Witness Qualities to Look for in Land Surveyors

Disputes can arise for many reasons in the property world. 

Altercations may stem from disagreements about the quality of construction works, payments due from building contracts, or even claims of professional negligence. When these quarrels are taken to court, tribunals may seek the input of an expert witness, in the form of a land surveyor, to help them reach a decision.

As individuals with specialized knowledge and expertise, land survey experts can be extremely valuable in dealing with property disputes. However, not all land surveyors have the qualities required to thrive as an expert witness. Here, we’ll examine the key qualities attorneys and individuals should look for when working with a surveying expert witness, and the red flags to avoid.

Crucial Qualities of a Land Surveyor Expert Witness

Hiring a land surveyor expert witness can be extremely valuable.

Their specialized knowledge, objectivity, and ability to communicate complex technical information make them invaluable assets in presenting a strong and persuasive case. Whether you are involved in a boundary dispute, easement issue, or any other property-related legal matter, the expertise of a land survey expert witness can be the key to securing a favorable resolution. 

When it comes to protecting your property rights and interests, investing in the services of a qualified expert witness is a decision you should seriously consider.   

To thrive in their role, land surveyor expert witnesses may require a variety of qualities, but the three most important are: 

  1. Deep Knowledge of the Industry

One of the reasons land surveyors can be exceptional expert witnesses is that they have a deep understanding of the principles and techniques of land surveying, from topographic mapping, to property line determination and beyond. Effective expert witnesses should have a clear “area of expertise” that they’re particularly well versed in. 

However, the most valuable witnesses frequently broaden their scope. While knowing one area of the land surveying industry such as riparian ownership and use inside and out is helpful in some cases, broadening that by knowing boundary surveying, topography, retracements, and other topics can help with navigating multiple court cases. 

There are various ways land surveyors can expand their knowledge. One option is to read up on resources like Brown’s Boundary Control and Legal Principals, the latest edition of Elementary Surveying, and Elements of Photogrammetry. Some professionals also further their education with training. 

  1. The Heart of a Teacher

Land surveyors working as expert witnesses need to be equipped to guide, inform, and support their clients. It’s not enough for a professional to have the right knowledge gained through hard work and dedication, they also need to be able to share it with their clients, and the jury or judge in a trial. 

Notably, this sometimes means professionals must adapt the language they use with different audiences. Courts and clients may not be familiar with all the technical terms and aspects of surveying. Specialists should be able to convert complex topics into easy-to-understand terms, teaching and coaching throughout the process. 

  1. Exceptional Communication Skills

Communication skills are important for land surveyors in any landscape. However, they can be particularly important for professionals operating as expert witnesses. As mentioned above, expert witnesses need to be able to communicate clearly with clients, attorneys, judges, and juries. 

They should have exceptional written and verbal skills, and be able to create everything from survey reports and oral reports throughout a trial. Usually, passionate surveyors who enjoy their role are more likely to be able to communicate their ideas clearly to others. 

Additionally, those with a commitment to lifelong learning frequently enjoy sharing their passion with others, and this helps them to communicate more effectively. 

The Signs of a Bad Land Surveyor Expert Witness

Attorneys and individuals looking to hire a land surveyor expert witness need to know more than just which key characteristics and qualities they should be searching for. They also need to be aware of the signs that indicate a professional might not be suitable for the role.

Here are some of the key signs that a land surveyor expert witness might not be suitable for your needs.

Lack of Credentials and Experience

One of the most apparent signs of a bad land surveying expert witness is a lack of credentials and experience. A reputable testifying  expert witness should possess the necessary qualifications, such as a valid license to practice land surveying, relevant certifications, and a solid track record in the field. If an expert witness cannot provide evidence of their qualifications or experience, it should raise a red flag.

Poor Communication Skills and Inconsistency

As mentioned above, one of the most important expert witness qualities for a land surveyor is the ability to communicate quickly. If an expert witness can’t convey complex information clearly to the judge and jury, they’ll struggle to help your case. In court, a land surveying expert witness should be able to articulate their findings and opinions in a manner that is easy for the audience to understand.

Additionally, a good expert witness should share their opinions consistently throughout a case. If a land surveying expert witness provides contradictory opinions or changes their stance during the course of the litigation, it can undermine their credibility and harm your case.

Lack of Objectivity

While working as an expert witness often requires land surveyors to build relationships with their clients, they should remain objective. Objectivity is a fundamental trait for any expert witness. 

A bad land surveying expert witness may display bias towards one party in a case, such as the plaintiff or defendant. This bias can manifest in their expert witness  testimony, reports, or behavior, and it can undermine their witness credibility. A good expert witness should provide an impartial and unbiased assessment of the facts.

Inadequate Preparation and Shoddy Output

A poorly prepared expert witness is a liability in court. If an expert witness fails to thoroughly research the case, review relevant documents, and prepare their expert testimony, it can lead to mistakes, contradictions, or inconsistencies in their statements. A bad land surveying expert witness may appear disorganized, unprepared, and unreliable.

Additionally, the work product of a land surveying expert witness is a critical component of their testimony. A bad expert witness may produce subpar reports, maps, or surveys that are riddled with errors, inaccuracies, or omissions. Such shoddy work can be easily discredited by opposing counsel and harm your case.

Lack of Experience and Confidence

Testifying in court requires a specific set of skills and experience. A bad land surveying expert witness may have little to no experience testifying in legal proceedings. This lack of experience can lead to nervousness, confusion, or mistakes during testimony. 

It can also mean expert witnesses struggle with common practices like cross-examination. They may become flustered, defensive, or evasive when faced with tough questions. This can weaken their credibility and the overall impact of their testimony.

Poor Ethics and Reputation

Ethical violations are a serious red flag when it comes to expert witnesses. A bad land surveying expert witness may engage in unethical behavior, such as providing false information, concealing relevant facts, or engaging in conflicts of interest. Such behavior can not only harm your case but can also lead to professional consequences for the expert witness.

If an expert witness has poor ethics, this usually means they’ll have poor references too. A bad land surveying expert witness may be hesitant to provide references from previous clients or attorneys they have worked with. Reputable expert witnesses should have a list of satisfied clients and attorneys who can vouch for their expertise and professionalism.

Choosing the Right Land Surveyor Expert Witness

Knowing which expert witness qualities to look for in a land surveyor, and which red flags to avoid is crucial to the success of your legal case. Prioritizing excellent communication skills, a “teacher” mindset, and the right experience and expertise will boost your chances of getting the right results.

Alternatively, overlooking red flags like inadequate preparation, bias, or lack of testimony experience could weaken your case. If you need help selecting the right land surveyor expert witness for your case, contact NLC today

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