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LARGE CONSULTING FIRMS versus LONE RANGERS (INDIVIDUAL EXPERT CONSULTANTS)
If a loss requires and/or justifies multiple experts, do you choose a large consulting firm or individual expert consultants in the
required fields? I have been on both sides of this question, but several recent experiences have helped reinforce my opinions.
For 15 years after leaving the faculty of the University of Oklahoma, I owned and grew a large consulting firm and testing laboratory that
employed engineers representing several engineering and associated fields - many at the Ph.D. level. For the past 15 years, I have been a “loner” engineer, practicing my profession as a metallurgical
engineer doing expert metallurgical consulting while building a corral of experts that I recommend as consultants when my clients have need. I also employ sufficient full-time, technical staff to keep J.E.I.
work flowing smoothly
Large consulting firms have several advantages. They offer consultants in most, if not all, of the engineering fields. These firms offer the advantage of “one-stop”
shopping. They often have numerous support staff and junior engineers. Often junior engineers also assume the role of laboratory technician. Invoicing is consolidated and laboratory facilities are
usually extensive. What else could you want?
Well for starters, if I were a trial attorney, I would like to know that my designated consultant was present for all laboratory work, analyzed
the generated data and photographs, and actually wrote ALL of the technical expert report. When time came for depositions, I would like to be assured that my consultant knew “first hand” what was in his
file. I would like to have laboratory technicians who were highly trained and who have years of experience in their area of technical expertise, rather than junior engineers with months or a few years
experience performing the technician functions..
In my experience, the senior consultants in most large engineering firms have splendid credentials, but they are often overloaded with multiple high profile
cases, are appearing in numerous depositions/trials and have many administrative duties. They tend to rely on junior engineers who, although bright and competent, lack the experience that comes with gray hair,
gray beards, and years “in the saddle”. In a recent case the senior “testifying” consultant actually did not participate in the laboratory studies (which we conducted at his very adequately equipped
laboratory). Yes, he did walk through the lab and talk to his junior engineer once or twice a day. But as was clearly evident during his deposition, the junior engineer put all of the laboratory testing
data together. The junior engineer wrote the bulk of the expert report and he and the firm librarian gathered all the standards and pertinent literature. As a result, the senior consultant was “totally
unawares” at his deposition of many pertinent facts. I have seen junior engineers acting as laboratory technicians doing the best they can but much less skilled than a technician with years of training in
his technical specialty. In a large consulting firm, there is always pressure to increase junior engineers’ billable time. In my experience, there is also pressure to keep equipment usage up (after
all, how else do you make those lease payments?!).
For the past fifteen years, I have been a “Lone Ranger” metallurgical engineer. I control my case load by saying “no” to litigation
matters that are not professionally interesting, or for which I do not feel that I am technically proficient. If I am called with a question involving a case and I don’t know the answer, I have other experts
that are available to me whom I have worked with on numerous occasions and are very competent. I do not have to seek the information from several other people who are also working on the case within my company
(who may be out of pocket for a day or two, to a week!!). Therefore, if I have a need or request for a mechanical, chemical, or electrical engineer, those areas of expertise are only a phone call away.
Likewise if I have a need for a fracture mechanics or finite element analysis expert, I have full confidence in the capability of engineers who have that technical expertise and with whom I have had past excellent
working associations. Thus, since these experts all have their own practices, I do not have to find work for them, nor do I have to pay for their technical assistants, administrative or secretarial, computer
programs, etc.
Likewise, the J.E.I. Metallurgical, Inc. laboratory has adequate photographic, stereomicroscopic, replication, and metrology capability. We have the capability to do photographic
documentation, basic stereomicroscopic examination, dimensional/measuring analysis, and initial analysis of metallurgical failures. Should scanning electron microscopy, metallography, chemistry,
mechanical/physical property determination, x-radiography, fracture toughness testing, etc. be required, my 35 years of experience allows me to go to the best specific laboratory facilities to have the needed test
or tests conducted. Again, J.E.I. doesn’t have to find work to keep an SEM operator, metallographic technician, or tensile/impact testing equipment busy nor does it have costly yearly calibration and
certification of sophisticated laboratory facilities
and equipment. My preference is to know where the best, most reasonable, testing exists. I then go and use that facility as needed, thereby saving the
client time and money and most importantly getting accurate, reliable test data and laboratory testing results.
In conclusion, there are a few (and I really mean a very few) top tier engineering consulting
firms that are truly places where you can “one stop shop” for accident investigation and failure analysis support and not get lost in the maze. In my experience the hourly rates charged by these firms are
very high. There are many, many “support” costs that will be incurred with such large consulting firms. On a recent case, one such consulting firm billed 22 engineering, technical, laboratory, and
support personnel to a matter that I, as a “Lone Ranger” was investigating for another party in the litigation. In addition, numerous laboratory equipment fees and other costs were incurred
If your case needs or requires multiple experts, I would recommend finding an individual engineering consultant who is capable of assembling and
coordinating the expert team. Through his/her years of experience they will know other “independent” experts that have the required credentials, expertise, and experience (especially litigation experience)
required by each phase of the investigation.
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Dr.
R. Craig Jerner, Ph.D., PE specializes in accident
investigation and metallurgical failure analysis,
with over 30 years experience as a metallurgical
consultant and accident investigator. He has
testified as a metallurgical expert in over 250
depositions and more than 70 court appearances. If you or someone you know should need the services of Dr. Jerner and J.E.I. Metallurgical, please visit our web site at the buttons below, or e-mail Dr. Jerner --- 