First Draft, Submitted 4th of July, 2008
Charter Addendum
Pending Peer Review, Member Additions and Final Approval
Honorary Code of Conduct and Standards
Accepted and self regulated by honorary members of the
American Association of Dental Legal Consultants on a voluntary basis.
AAODLC.ORG
Article I - Use of Code:
1. Purpose: The following document is hereby accepted as a personal Code of Conduct by signature Members of the American Association of Dental Legal Consultants (AAODLC.org, aka the Association). The purpose of this document is to set forth standards of behavior for providing the highest quality Dental Legal Consultants in our profession, and for discouraging unethical behavior that would tarnish this effort.
2. Certification Statement: Members are requested to add the following certification to the start of their written reports; or other documents that may come under legal scrutiny. Although not required, this will identify the writer as an Honorary AAODLC.org signature member. It will insure the readers of your efforts in providing the highest standards of quality.
“This (report, website, letter, etc.) was carefully reviewed by myself to be in accordance with the Honorary Code of Conduct and Standards of the American Association of Dental Legal Consultants (www.AAODLC.Org). I hereby affirm that the findings, comments, and content within are my own, and accurate to the best of my knowledge.”
Article II – Body of Code:
Member Categories are grouped in Three Parts under the titles of Dental Legal Consultants (of which all our members are), Forensic Odontologist and Scientists (Forensic Dentists, Toxicologists, Dental Materials, etc.), and lastly Independent Medical Examiners in Dentistry (IME-Dental for workers comp, etc.).
1. Category Definitions
Dental (Expert) Legal Consultants: All AAODLC.Org members are considered Dental Legal Consultants and Experts in their field and are therefore expected to adhere to these rules. Conduct under this Standard apply to all members regardless of education or area of expertise.
2. Maintaining Our Code of Honor
a) Promise to tell the Truth: Members will always strive to tell the truth to the best of their knowledge and not perjure themselves, regardless of their own personal opinions or of those who have hired them.
Members must remember that they are there to primarily to educate the Attorneys,
Judge, and Jury in their area of Expertise.
This rule reinforces impartiality and sincerely of your testimony.
b) Promise to Integrity of Service & Credentials: Members will avoid dishonorable/disruptive behavior, marketing, or advertising that may misled the general public. This includes advertising yourself as an “Expert Witness,” rather than stating that you “…Provide Expert Witness Services.”
In most jurisdictions you can not be an “Expert Witness” until the court appoints you as such.
Until then you are only considered a Dental Expert Consultant.
Advertising yourself as an Expert Witness may allow the opposite side
to accuse you of being a “Hired Gun.”
Members will insure that their Resume, CV, & Websites are current, consistent, and accurate. Date scripted should be indicated in foot note. Half truths or misleading information should not be tolerated; as this will destroy your creditability especially during cross examination.
Examples: Include stating that you wrote a research paper,
when you were really one of the co-authors.
Just stating that you are a co-author is appropriate.
Or saying that you graduated or received a certificate from a program
when you were really a few credits short.
Indicating that you completed (# of credit hours) in a program is appropriate.
Another example would be using extra titles
that were not afforded to you.
An exception would be
translating a Canadian or U.S. equivalent of a degree
which was awarded in another country.
Members will advise their Employer/Attorney of any personal conflicts of interest or previous history that may compromise the Attorney’s case. This requirement allows the Attorney appropriate time to plan his/her course of action, and may not necessarily disqualify you from the case.
c) Promise to Maintain Credentials: Members will strive to maintain all requirements of their local jurisdiction that would qualify them to be an Expert in their field, such as License, Malpractice Insurance, Registration, 50% or more Clinical Practice, Education, or Practical Experience.
d) Promise to Objectivity: Regardless of a personal bias, or of those surrounding them members will always strive to be objective in their opinion based upon the information they have researched or records provided to them.
e) Promise to Integrity of Written Notes and Reports: Members will always consider any report that they write to be a FINAL REPORT. Members will never submit DRAFT reports (excluding basic initial summary/outlines). Any changes to Final Reports can only be made by annex, or addendum based upon need for clarification or update.
Quoting Facts & References- Reports will show at least 3 or more source references when appropriate with foot or end notes. Members will never make a fact statement of which they can not provide a reference source. Reports will also be basically formatted in the style approved by the AAODLC.Org -- with modifications allowed in accordance to the reports use.
Record Integrity- Members will Strive to protect the integrity of their client files, and written notes. Disorganized “scrap” paper notes (e.g. post-it notes) are to be transferred to a proper progress note sheet, or Logbook. These notes will be titled with the Date, Name of the case, and Jurisdiction.
Addendums & Changes- Members will notate any addendums to a progress note by providing the date of the addendum; rather than just writing the change into the body of the older text. Corrections are to be made by placing one line through the text and initialing.
3. Educational Legal Course Work and Practical Experience
a) Promise to Continuing Legal Expert Education: That is consistent with the AAODLC.org Certification Process. Members will provide a documented history of their work experience, or course work that will be maintained by the Association for public confirmation and review. As a AAODLC.org certified member Attorneys will know that the quality of your work is of the highest standards and integrity.
c) Quality of Education: Members are encouraged to submit new educational programs that maybe of value to AAODLC.Org Certification, as well as report programs that are not up to the standards of the Association.
4. In Service as Expert Witnesses in Deposition or Court
(Addendum to Article II:2):
a) Promise to Avoid Testimony Outside Range of Expertise: Members will avoid providing testimony outside their range of Expertise. When pressed to do so members will do the research and/or education required to establish a fair and authoritative opinion. Otherwise Members should state that this particular question “…can only be answered within your range of experience” or not answered at all.
b) Promise to Strive for Truthful, and Un-biased Testimony: Members are not required to assist anyone other than their client, but when asked a question members will not compromise their integrity. Even if the truth might hurt their client.
The Attorney on your side
will usually have the opportunity to counter negative testimony,
and catch the ball before it drops.
Remember –
it is up to the Judge and Jury to determine how that information will be used.
Avoid Cross Examination Traps- Answers should be concise with either “Yes/No” or the statement that “…The question can not be answers with a simple Yes/No answer. May I explain?” Do not play the percentage game, or agree to using the word “possible.”
Why?
Because ANYTHING is “POSSIBLE”
But NOT in your Testimony!
Members should not use the word “possible,” or give percentages of “probability” in testimony. Expert Witnesses are only required to answer “More Likely than Not, “ or “Beyond a Reasonable Doubt.” Never play the percentage game during cross examination; unless you have empirical numbers from reference sources that you can quote and trust.
Avoid Answering Misleading/Confusing Questions- Don’t testify on Subjects that you are not qualified to answer. Members should not answer questions that they can not understand, but rather should ask for clarification.
c) Come Prepared to Defend Your Arguments: Always bring all research notes, journals, and records that maybe needed to defend your arguments. Note: beware that although this items can protect you from impeachment, they can also hurt you if you did not do your homework carefully.
d) Maintain Professional Composure: It is expected for you to point out errors/omissions in countering the opposing Expert Witness testimony. But one should never personally attack the credibility of the other side. Nor should a member get into an argument with the opposing Attorney, or allow themselves to become compromised. Members must feel confident and logical in their testimony; of which is not demonstrated in emotional arguments.
Article III - Special Areas of Testimony & Expert Legal Consulting:
1. Forensic Odontology:
(Pending Member Comments and Amendments)
2. Independent Medical Examiners in Dentistry (IME-D):
(Pending Member Comments and Amendments)
|
