The expert (David Dwinell) is first and foremost an academic, teaching in his own school, using text books he has authored, and secondarily a licensed transportation broker. The retaining fee charged in this case, is based on the expert’s normal income lost in time away from his teaching avocation and/or business operations.

The expert is being retained to educate the trier of fact only. Retaining party is aware of the limitations in the Expert position and Expert opinion, and is obligated to inform their client of the Expert opinion limitation. The expert will not be an advocate for the retaining plaintiff or defense client case, but will be an advocate for his opinion only.

The expert is not retained to persuade the trier of fact but to illuminate information not readily available or common practice in the transportation industry. The expert is being paid by the retaining attorney even though the client is ultimately responsible for paying the Expert fees and costs to render his opinion.