[CLC-Discussion] Expert Issue

Mon Feb 10 12:07:25 PST 2014

To invoke Cary Wright’s frequent use of video clips:  https://www.youtube.com/watch?v=SjbPi00k_ME 

Bruce D. Partington

Clark Partington

bpartington at cphlaw.com <mailto:bpartington at cphlaw.com> 

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Monday, February 10, 2014 1:55 PM
To: 'George Elias, Jr.'; 'Mark Young'; 'Rouselle "Bo". Sutton III'; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

Mr. Young is absolutely right in his analysis and has opened my eyes to the smarmy underbelly of the industry I didn’t know existed.

I am shocked, shocked I tell you that anyone involved in the construction industry would do such a thing as shop a bid or even an expert! What is this world coming to? The only reason we ever hire experts is because of their competency and our desire to obtain the truth – no matter how that might affect our client, either factually or financially! 

Our job as representatives for our clients and officer of the court clearly takes a back seat to the ethical demands of the National Society of Professional Engineers (NSPE). Thank the Lord there are organizations like that which can keep us on track. 

I can’t tell you the number of times I have been faced with an expert on the opposing side who agrees totally with my expert’s conclusions (seriously, I can’t tell you). What I can say is that whenever I have a prospective client who has the impudence to even ask what my rates are, I toss the bounder from my office immediately. There is nothing so crass as discussing how much money something – anything – may be. 

Nope! Full retail with no questions asked, that’s my motto. Good for the engineer for reminding all of us just how far we have fallen in our ethical duty to our clients. And in the future, when the Court questions the rates and fees of the expert I hire at the fees and costs hearing, I will take out this entire email string and show the Judge that the Court has no right whatsoever to question the numbers and that they should take it up with the NSPE! That should settle the matter!

Jeffrey L. Price

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of George Elias, Jr.
Sent: Monday, February 10, 2014 2:11 PM
To: Mark Young; 'Rouselle "Bo". Sutton III'; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

I think Mark's analysis is right on.

George Elias, Jr.

From: Mark Young <myoung at younglaw.info>
To: "'Rouselle "Bo". Sutton III'" <rsutton at raileyharding.com>; clc-discussion at lists.flabarrpptl.org 
Sent: Monday, February 10, 2014 1:21 PM
Subject: Re: [CLC-Discussion] Expert Issue

I don’t think the request was unreasonable, but there are two sides to every story.  The original email to the expert apparently was interpreted as shopping around for prices (wasting the expert’s time), rather than an intent to hire the expert.  I’m not saying the expert is right, but just that he has a different view based on his experiences.  The expert may have had a recent problem with a law firm inquiring about the rate sheet, then using the rate sheet to shop around for a lower cost expert.   Or using competitor’s rates to attempt to haggle over his rates.  

There are some in the engineering community that believe engineers should be selected solely on competence before any discussion of price.  Around 1970, the National Society of Professional Engineers created an ethical rule prohibiting engineers from discussion price until after the engineer was selected based on qualifications (prohibition for competing on price); engineers were subject to sanction for non-compliance.  The NSPE’s rule was revised after the USDOJ challenged the rule under antitrust laws.  

If you are in a bind due to time constraints or really wish to use Mr. Jones, you might send an apologetic email (or phone call) to Mr. Jones something like, “I apologize if my prior email offended you.  You have a good reputation for high competence in ______ field and we wish to hire you as an expert, but I need to be able to inform my client how much you will cost before I can hire your firm.”  

Good luck,

Mark Young

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion at lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Ave., Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

dhammond at wfmblaw.com

www.wfmblaw.com <http://www.wfmblaw.com/> 

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion at lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys, 

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew. 

Rouselle "Bo" Sutton, III

Board Certified in Construction Law 

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton at raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. 

From: John Jones [mailto:jjones at dartengineering.com] 
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]

I’m not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton at raileyharding.com] 
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John, 

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III

Board Certified in Construction Law 

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton at raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. 

From: John Jones [mailto:jjones at dartengineering.com] 
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.  

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton at raileyharding.com] 
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]

John, 

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted]. 

While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate. 

Rouselle "Bo" Sutton, III

Board Certified in Construction Law 

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton at raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. 

[redacted]

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