Avoiding Pitfalls of Selective Fact Gathering

An expert can follow key steps to avoid the pitfalls of selective fact gathering or fact presentation: 

• Keep an open mind.
• Do not approach a case with predetermined conclusions about causation, culpability, fault or damage.
• Remember that attorneys and others may come to the lab or expert with facts that may be slanted, either accidentally or intentionally.
• Carefully follow well-established investigative steps, protocols and standards of procedure.
• Apply forms, procedures and processes that will ensure that no evidence is overlooked.
• Observe all professional ethical guidelines.
• Recognize the expert's vital role in the criminal justice and dispute resolution process.

The causes for adverse trial results from selective or inadequate fact investigation may be due to: 

• Attorney oversight in failing to ask the right questions of the right parties.
• Misstatements of fact by parties because of faulty recollection, lack of appreciation of the significance of facts, or intentional nondisclosure of facts (i.e., lying).
• Inadequate investigation by the expert due to:
  • Failure to test and explore evidence fully.
  • Lack of proper direction, inadequate time, or lack of equipment.
  • Inadequate direction pursued by attorney or other parties.

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