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What To Avoid In A Security Expert
A security expert who completely agrees with the attorney's initial conclusions, strategy and analysis of predictability and liability will probably lose the case for that attorney. Like a real estate agent who lists a $200,000 home for $250,000 because the owner "thinks" it's worth that much, a security expert who concurs with the lawyer's conclusions about an adverse security event should always be viewed with suspicion.
Few attorneys have real knowledge of security beyond Williams v. Cunningham. It should be the job of an ethical expert to point out the problems with inaccurate conclusions, particularly when standards are involved. If the attorney's expert does not note these flaws, the opponent's expert can be counted on to do so at a less opportune time.
For example, a trial lawyer in Philadelphia hired a security expert to evaluate the potential of a case before commencing suit. The case involved the murder of a tenant in an apartment complex where the security was deplorable. Community standards were significantly higher than the security at this complex, exterior locks did not function, security officers were sub-standard in performance, and management was not responsive to documented tenant requests for security-related maintenance. However, the security expert said all of this was irrelevant because the perpetrator was found to be an invitee of another tenant. Thus, regardless of the level of security, the perpetrator would have accessed the building in the same manner, the security expert said. Therefore, the attorney did not file suit. The lawyer saved a substantial investment on a losing case.
In yet another matter, an expert reviewed a case for the defense and concluded that the case was indefensible. This wasn't what the attorney wanted to hear. But working with these facts, a quick and reasonable settlement was negotiated with the plaintiff.
What To Look For
Certification
The only credible, recognized credential for a security expert in the United States is the Certified Protection Professional (CPP) designation, awarded by the American Society for Industrial Security, International. This is similar to the CPA certification regarding experience, examination and continuing education. The exceptions here are those CPPs who obtained their certification by means of review when the program was created 20 years ago. Approximately 30 percent of today's CPPs obtained their certification under this grandfather provision and did not earn their credentials by examination.
Other certifications such as Certified Security Trainer (CST) and Certified Fraud Examiner (CFE) may be of value in some security-related cases, but only when held by the expert in addition to the CPP.
Education
The professional security field is relatively new and few practitioners hold related degrees because curriculums and degrees have not been offered until recently. Most security practitioners obtained their relevant education through industry symposiums, seminars and workshops.
Experience
The security expert's primary experience should be as a security practitioner, not as a sheriff, FBI agent or teacher. This experience should relate to proprietary security management or security consulting. There is a growing population of retired law enforcement officers, personnel managers and even maintenance managers who bill themselves as security consultants. Therefore, it is important to verify that alleged security consultants truly have backgrounds in security. Equally important is confirming that these consultants actually perform security consulting work for clients for a fee. Additionally, because the security field has been changing rapidly. it is important to ensure that related, experience is reasonably recent.
Finding An Expert
In other types of litigation, attorneys often rely on referrals from professional associations when seeking a qualified expert. However, this usually doesn't work in security or loss control actions be cause colleagues seldom have any greater knowledge of what to look for in the way of qualifications.
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