Attorney Letter
MR. BERGER AS A "CONSULTANT"
In most jurisdictions, any communication between the Attorney and Consultant is confidential and the consultant need not reveal any of those communications under the "work product" theory; thus, any information relayed to Mr. Berger will be held in the strictest confidence.
MR. BERGER AS AN "EXPERT WITNESS"
Only after being retained and upon designation as an "expert" all information and data disclosed to the "expert" becomes discoverable.
GENERAL INFORMATION
If you are experienced in premises liability litigation where "security" is a relevant issue, I am certain you are aware of the problems involved in the preparation of your case regardless of whether you represent plaintiff or defense.
If on the other hand this is your first experience in that arena, then please allow me to advise you of the levels of sophistication that will be required to prepare and then try the matter. First, you must evaluate the case in an effort to determine whether in fact liability and negligence do exist at a level where recovery and possible punitive damages would make either the filing or defending the case a worthwhile effort for both you and your client. Should you spend considerable resources? Should you settle, or possibly not even accept the case at all.
An experienced professional Security Consultant and potential Expert Witness can not only assist you in making those determinations, but will help in gathering the data necessary to either prosecute of defend the matter. Many cases come to a conclusion following the attorney's opponent considering the expert's opinion through the deposition process or written reports, when required in Federal or local jurisdictions. Sometimes also opposing council will settle, based on discovery material suggested by the expert that may have been overlooked by the expert's client.
Ultimately the expert may be required to present testimony at trial, toward the goal of educating the jury as to the elements of the litigation that, hopefully, should convince them to return a favorable judgment.
I have been involved in literally hundreds of such assignments throughout the United States and would be honored if you would give me the opportunity speak with you and discuss your case.
Sincerely,
David L. Berger