PHOTO: Bill Cramer
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Elementary?: Roger L. Boyell solves legal puzzles by taking
his engineer’s bag of tricks [below, left] into
the field.
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Roger L. Boyell has narrowly escaped getting run over
by a mobile crane, had rifles pointed at him while
investigating an airport radar facility, and has been
nearly asphyxiated in an abandoned photo lab. Then there
was the time he had to climb a slippery ladder to an
electrical panel above a giant sewage tank.
“I needed two hands on the ladder, another on my
camera, another on my briefcase, and another holding my
nose,” Boyell laughs. “What went through my mind was
‘hazardous-duty pay required.’ ”
He’s part of a growing cadre of engineers who are
trading steady paychecks and corporate environments for
the often solitary and occasionally adrenaline-inducing
position of expert witness. It’s their job to evaluate
engineering systems, products, and devices and explain
them in layman’s terms in a courtroom.
Boyell, an IEEE senior member, has a bachelor’s degree
in electrical engineering, a master’s in applied
science, and an MBA. It all testifies to a generalist’s
training that he says finally made him “a dinosaur” in
his previous bailiwick, the defense industry.
It turned out, however, to be the perfect background
for a forensic expert.“I still use things I learned as a
college freshman and sophomore,” he says. “Heat
transfer, mechanical advantage, electricity, and
magnetism—but applied to real-world problems.”
To make it in this business, you have to know a lot
about something and a little about nearly everything
else. “Qualifications have become more demanding for
experts, as criteria for what’s admissible as evidence
have tightened up,” says Marvin Specter, executive
director of the National Academy of Forensic Engineers.
Some states require that experts have professional
licenses.
In 1978, after 20 years developing acoustic tracking
and electronic warfare systems in Philadelphia,
Baltimore, and New York, Boyell got his first taste of
forensic work when an attorney tapped his expertise
for a case involving civil radio communications. He
turned the gig into a regular sideline, consulting with
clients after work and during personal and vacation
days. Finally, in 1998, he became a full-time,
self-employed consultant.
Forensic experts can earn as much as lawyers. Boyell
charges $200 an hour, working anywhere from 20 to 80
hours a week, though only about half the time he spends
on his business is billable. There’s marketing,
advertising, bookkeeping, professional seminars, and
other overhead.
The work is not to everyone’s taste. Even before
testifying, a forensic engineer must undergo a
rigorous oral examination by the court to ascertain his
level of expertise in the pertinent subject matter.
Then he gets grilled by lawyers for the opposing side.
PHOTO: Bill Cramer
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“If an adversarial lawyer can’t demolish your
technical argument, he will attack your personal
credentials,” Boyell says. “You have to be prepared to
defend everything in your life that’s been on the
public record—even this article. It feels like a
combination of defending your thesis and interviewing
for a new job. But there’s a real satisfaction in
knowing you contributed to the resolution of a
contentious matter,” he adds.
However, unlike cases in the television show “CSI,”
real‑world cases don’t always end neatly. “It starts as
giving advice, then writing reports, and ultimately, you
might be deposed or take the stand during a trial.
Sometimes that process can take years, and then it’s
usually the big-money suits and criminal cases. But that
happens in a fraction of the cases. Usually, my report
ends the matter.”
An expert must put his client before himself but his
professional ethics before even the client. His first
duty is to the truth. In one case, Boyell was hired to
prove that a hardware defect caused an electrical fire.
Not only did he find no evidence of a defect, but he
uncovered an errant extension cord that suggested the
hardware in question wasn’t even involved.
“If my findings are adverse to what my client wants me
to tell them, that’s the end of the job,” he says. “But
my real job is to stay objective.”