01/28/03

L. A. SECTION ENTERPRISE CHAPTER

Forensic Engineering and its generous financial rewards provided the major focus for the January 14, 2003 meeting of the Los Angeles Section Enterprise Chapter. Doctor Andrew Wortman , Technical Director of ISTAR, Inc. was the guest speaker.

Dr. Wortman began by reviewing opportunities in government and industry for small businesses, and contrasting these with opportunities in forensic engineering. On the government side, he characterized Small Business Innovation Research (SBIR) programs as providing relatively low return for a considerable amount of effort. NASA has high demands, but little money, although program durations tend to be longer than DOD's. The Department of Energy (DoE) and Strategic Petroleum Reserve are wealthy, but difficult to penetrate without introductions. The State Department is always looking for Science Attaches. One shared characteristic of all these programs is that they are very competitive.

Forensic engineering, on the other hand, is an area in which technical competition is very weak. Attorneys are opinionated and used to putting on shows, but are easy targets for incompetent "experts". It is apparently not uncommon for some of these "technical" experts to lack engineering degrees. Competent engineers can easily display fallacies in such opponents' arguments, but must be prepared for battles of wits and nitpicking of words in depositions and court testimony.

The forensic business is rather steady. Personal contacts with attorneys provide the best source of business, and these contacts in turn come through networking. Networking with university faculties helped Dr. Wortman establish initial contacts with attorneys. Another source is an agency with a track record, such as Association of Scientific Advisers.

Compensation is roughly $100-$150 per hour for technical work and $150-$200 for depositions and court testimony. All incidental expenses are paid, but payment is slow, about 60 days after the work is performed.

The procedures involved in applying forensic engineering begin with an initial interview with an attorney. The case is discussed. Attorneys abhor uncertainty, so their questions must be answered firmly, without hesitation. If the attorney decides that he needs an expert, a preliminary plan is developed. The two major areas involving forensic engineering are accident cases and patents.

In accident cases, product liability issues and accident reconstruction are important. Establishing liability involves reading reports and depositions and preparing the best and fairest story you can in a deposition, all the while realizing that the opposing attorney can use it to discredit you with his own expert. Accident reconstruction is more analytical in nature, and a competent engineer can refute incompetent analyses by the opposition, such as the use of simplistic computer codes limited to longitudinal linear motion in an accident involving side loads and rollovers of automobiles.

In patent cases, infringement and validity are the major issues. Preceding patents (prior art) must be studied to determine infringement, and validity is determined by study of similar devices. Literature searches in an invaluable facility like the UCLA engineering library are necessary. Depositions tend to be entertaining because attorneys, lacking technical background, spend much effort attempting to get experts to blurt out something that their experts can use in court.

Dr. Wortman cited some representative forensic cases:

• AERODYNAMICS OF RACING CARS - Porsche 917 was modified externally and crashed
• DEPLOYABLE STRUCTURE - Infringement on a patent for complex linkages
• FLUTTER OF WINDMILL BLADES - Full-scale tests demonstrated aeroelastic instability
• HYDROPLANING - Claim that automobile was hydroplaning at low speeds
• RAISED PICKUP TRUCK - Truck destabilized by extreme elevation of chassis and body

Typical reports by the forensic engineer run about 30 pages in length. Photos lend credibility. Everything must be plainly explained because attorneys typically don't know much about engineering. Use many references, since they lend authority to the document. In reports and especially in depositions, be brief, because attorneys are always ready to pounce on stray words. You must also enjoy a verbal fight with the opposition. If you are motivated in this environment, forensic engineering can be generously rewarding.

You can view Andy Wortman's briefing charts by clicking on the Archives of Speaker Presentations etc. button on our web site www.aiaaenterprise.org. Previous presentations include Ron Oglevie on SBIR's, Dr. James Wertz on starting and building a small aerospace business, Selma Goldstein on the legal choices in establishing a business enterprise, and Pete Nelson on creating web sites to market your services. By clicking on the word "links" in the lower left-hand corner of our web site you can also access a multitude of links to business organizations, venture capital firms, government agencies professional societies, publications, etc.

Consultants and businesses wishing to make potential customers aware of their services are invited to register by clicking on the Input Directory button. It's easy to do and it's free!

The next meeting of the L. A. Section Enterprise Chapter is scheduled for March 18. The speaker will be Doug Malewicki, inventor extraordinaire. This promises to be an entertaining as well as informative meeting. See you there!