Did you know governors can appoint State Entomologist Advisors? Experts.com member, Douglas Seemann, BCE, held this role and has served as an expert witness in over 200 cases related to Applied Forensic Urban Entomology and Pest Control Practices. Mr. Seemann founded BCE Services, LLC to apply four decades of insight to pest-related issues for law firms, home builders, state agencies, property management companies, and other clients. Here is his detailed account into his entomology and pest control career and expert witness practice.
What is your professional background, and how did you become an expert witness?
I started in the pest control industry in 1983 as a new 22-year-old entomologist with a little lab work experience. A company in New Jersey was looking for an entomologist that “didn’t know anything” and I qualified! Together with my soon-to-be mentor, Dr. Austin Frishman, they taught me the pest control industry, requiring me to ride with and work alongside service technicians every day, and write up Quality Assurance reports for our clients. I continued to work with New York area pest control companies, servicing federally inspected meat and poultry plants, pharmaceutical companies, celebrities, healthcare facilities, restaurants, and warehouses. I inspected and worked with City low-cost multi-unit housing, and at the other end of the spectrum, Donald Trump and Trump Plaza.
During this time, I was teaching pest control at the State University of New York, Farmingdale, and speaking at regional and national conferences.
In 1992, I relocated to Arizona to work as Vice President of Technical Services, helping to grow a medium sized pest control company from $2,000,000 in sales to $10,000,000. While doing this, I wrote for Service Technician Magazine, served on committees for the state association and state regulatory agency, and co-authored the Arizona State Pest Control Certification Manual. I started my own pest control company in 2000 and sold it in 2004. That is when I started my consulting company, BCE Services, LLC. A year later I had my first case as a plaintiffs Expert Entomologist on a bed bug case in San Diego, California.
What kinds of cases do you typically work on, and what types of attorneys or law firms seek your expertise?
To date, I have been retained in well over 200 cases and may have a dozen active cases at any given point in time. My work is 60% defense, 40% plaintiff. More than half of my cases are habitability cases involving rental properties or the hospitality industry. A significant number of these are either bed bug based or include bed bugs in the complaint. The rest of the cases include termites, termite damage, rodents, stinging insects, spiders, scorpions, pesticide exposure, and pest vectored diseases such as Lyme Disease and Hantavirus. I have also had a few wrongful death cases.
What kinds of documents do expert witnesses write?
I write reports based on site visit inspections and document review. These reports typically include historical and educational outlines, observations, conclusions and opinions. Often, I am retained as a rebuttal expert and may include that opinion, or may produce a separate rebuttal report. Another type of report that I am often asked to produce is a declaration. These reports are often produced in support of a motion being made by my client attorney.
How do you prepare to write an expert witness report?
Document and evidence review is the key to writing an expert report. Documents reviewed include court filings by both sides of the case, depositions, reports, medical records, declarations, sometimes hundreds of photos and videos, and summaries produced by the legal team. Generally, but not always, I perform a site inspection, usually in the company of two or more other experts and several attorneys. Site inspections may take as little as an hour or may last for several days. All this data must be collated and organized into a report that can be read by a layperson, yet still be detailed and technical.
Why is it important to be a strong writer when you are an expert witness?
Often, the jury and the judge have no understanding of pests, pest control practices, and the current state of the industry. It is my job to convey this information, “painting a picture” in their minds so they can follow the logic and sequence of events. If I do my job properly, the jurors, judges, and attorneys come to the same conclusions I did and are receptive to my opinions.
What's the most important element of an effective expert report?
The most important element in an expert report is honesty, supported by factual observation and analysis of the details of the case. I often find a piece of key evidence that everyone else seemed to have missed that puts the case in a new perspective.
What surprising mistakes in an expert report can hurt your credibility?
As a rebuttal witness, I have often found that the opposing expert will make assumptions that are unfounded and sometimes contradictory to the evidence provided. By pointing out these errors and focusing on the facts I have been able to defeat these reports. Another mistake I have seen in other reports is exaggeration and sensationalism. Experts make big statements or generalizations for dramatic effect. Again, by pointing out these ploys and comparing the statements to the actual facts, I have been able to defeat these reports as well.
What strategies or tools help you make your reports more persuasive and defensible in court?
If I take notes while I review evidence, even if I never look at them again or discard them, I am better able to retain the information. I do not even begin to write a report until I have reviewed and studied the entire file. I typically walk away from the case for a day to allow my subconscious to absorb and organize the data. I write the report in one or two sittings. Proofreading it the next day, at least twice. I mark the report as a draft and send it to the client for final review. I have never had any trouble supporting my report. More often than not, the case will settle shortly after I produce my report, never making it to court.
What do you think about using AI in expert witness writing? Are there ethical methods for implementing it in your practice?
I have never utilized AI in producing a report. Recently several have explained the possibilities to me.
How do you avoid overwhelming non-expert readers with technical language?
If I must use a term that is not in everyday usage, I explain it. I also utilize analogies so the reader can visualize the point or concept that I am presenting. Without “talking down” to the reader, I write my reports so anyone can understand. An expert is a finder of truth and an educator.
This isn't spelling and grammar software. This is editing software to improve brevity and simplicity.
Succinct writing for 40 cents a day.
What role does reputation play in getting hired repeatedly as an expert witness?
I have become a victim of my own success. I am offered between 8 and 15 new cases each month. It is not unusual for both sides to contact me on the same case!
How does online visibility—like directories or profiles—help attorneys find you and evaluate your practice?
Having a website is very important. It gives an expert credibility. Too many people, bright people but lacking the real-world experience to be an expert in my field, try their hand at being an expert. The reality is you cannot be a half expert! It will come out in deposition! A website can say that you are a professional. In addition to my website, I am listed on 8-10 directories, profiles, and other websites. When I ask attorneys how they found me, they often say that may name came up repeatedly in their searches. Some attorneys look me up in Lexis Nexis to see the cases I have testified in.
Besides being an Experts.com member, do you self-promote your work and services (social media, newsletter subscriptions, etc.)?
I have a Facebook page dedicated to my expert work, but I also hire a firm to make sure that I come up on the first page of searches, and that my company website is optimized.
What makes an expert witness credible to a judge or jury?
Be a good communicator, hold their attention and if possible, entertain when you can. Think “My Cousin Vinny,” rather than “CSI”. Speak factually, but dazzle when you can. Look at the attorney asking you the question in court, but face and speak to the jury when answering. Make eye contact and modulate your voice (do not drone).
Have you ever had to revise a report after feedback that wasn't clear or persuasive enough? What did you learn?
Attorneys are the director of the show! They have points that they are trying to make. Help them when you can. If they tell you to trim it down and simplify, do it. If they want more detail or explanation, do it. Do not get offended, and do not take it personally. All expert reports require some degree of collaboration with the client.
Have lawyers told you that your writing samples played a role in selecting you as their expert witness?
I have only had to provide writing samples in 2 cases, and I got both of the cases.
What do you wish lawyers knew about working with expert witnesses?
The earlier you bring an expert in to look at a case, the better job that expert can do and may save you time and money. Too often, I am brought in as a defense expert 45 days before trial on a case that was two to three years in the making. Most recently, I was presented with over 10 gigabytes of data to review on a new-to-me case, 45 days prior to trial. It is an unreasonable expectation, even if I had no other cases to work on.
What information do you wish lawyers would give you when initially contacting you about a potential engagement?
I have an intake form that I use to collect important data. I wish they would give me all of the critical dates and contacts so that the work can be prioritized in my schedule.
As an expert witness, do you think there is a disconnect between the expert witness communities and attorneys and law firms?
I think many attorneys do not even know that they need a forensic expert entomologist in their case.
Have you built relationships with the attorneys and law firms you have worked with?
I have several firms that use my on several cases at a time. It is not unusual for a firm to have two to seven active cases with me at the same time.
What do you think most experts underestimate about being "discoverable" to attorneys?
You must put effort into getting your name and company website out there. You need to spend money to make money.
Tell us about a published piece of work that you're most proud of and why.
I put 110% into each report, article, or project I produce. I am proud of all of them and sometimes I am amazed at something I did, scratching my head and saying: “How did I do that”. If you are not proud of a piece of work, don’t submit it. If you do, someday someone will pull it out in a deposition or trial and hold it up for all to see. They will take things out of context and try to discredit you. Only do your best work or find another line of work. Write fiction!
What are the top 3 skills an expert witness must have for success?
1. Listen, listen, listen.
2. Details are what separate the pros from the amateurs.
3. Learn to think outside the box. Be imaginative and creative. Also, step back and be objective.
What's the most valuable lesson you learned as an expert witness?
Know your own work! Be organized and know what you are taking pictures of. Label them if need be.
What changes would you like to see in the expert witness industry?
I would like to see amateurs and hobbyists get out. They should not be trying to pass themselves off as experts.
About the Author
Douglas Seemann, BCE, is a Board Certified Entomologist (BCE) and specializes in Applied Forensic Urban Entomology and Pest Control Practices. He offers expert witness and business consulting services through BCE Services, LLC, helping a range of client with their entomology and pest control needs. In cases where he testified, nearly all of his clients won their cases or received a favorable settlement.
Visit Mr. Seemann's Experts.com profile and connect with him on LinkedIn.
The easiest way for writers to create more precise and highly polished writing.
- No credit card needed to get started.
- No more agonizing over your writing.
