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Are there side jobs that diminish your credibility? 5

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casseopeia

Structural
Jan 4, 2005
3,034
The reason I ask is that I recently testified as an expert in court. I had been talking with the attorney outside of the courtroom just prior to my testimony about what I had been doing since being laid off and going into private consulting. I mentioned that I did a photo shoot as one of the model/actors for a drug for people with Type 2 diabetes being launched in January or February next year. I personally am not diabetic. I just happened to have the look they wanted (middle aged, mildly overweight and ethnically indeterminate). I told him about getting used to walking on set and having everyone yell, “talent walking” and then jokingly suggested he do the same as I approach the witness stand.

After I was on the stand, one of the first requests the attorney made was to have me describe what I had been doing since being laid off. I said some consulting work and some interior painting and not much else. I felt that if I had said modeling or acting, I would have diminished my credibility, rightly or wrongly. But I had no hesitation to admit to performing labor. After all, part of my testimony involved criticizing a painting estimate.

I was just wondering how anyone else would react to hearing a construction defect/estimator mentioning doing modeling and acting. As i look at my own reaction, I can’t help but think I’m being unfairly judgmental. The hourly rate for the modeling is very close to the standard consulting rate I get. As a painter, best I've done is $20/hour cash.

I don't think I would have admitted to doing any bartending or product promos either, but at least I hadn't done any of those gigs.

"If you are going to walk on thin ice, you might as well dance!"
 
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The oath says the truth, the whole truth and nothing but the truth. To deliberately withhold information is perjury.

If you feel it is not relevant you should ask the judge for clarification or state in your answer that you are only including information that is relevant to the case.

In my experience, at least in Aus, the judge will give you guidance if you ask and will ask the lawyer what they require or even suggest to them what they should have asked

Regards
Pat
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"truth" is rarely an exact definition, unless it's something related to a "hard" science. What she's been "doing" as posed in the OP, is an ambiguous question. You obviously would not answer with, "I slept, I pooped every day, I scratched my butt when I got up, etc."

I doubt very much that any judge would allow you to detail everything you've been "doing" for 4 months, or whatever, with millisecond precision, even if you assume that "sleeping" need not have that level of detail. Would you be "hiding" the "truth?" Yes, but would anyone even remotely think that you were not telling the "truth" if you left off how many times you had sex, or cooked your own meals, or had BMs, during the period in question?

There is an implied context to "doing," which is that if it's not job-related, it's not that relevant.

TTFN

FAQ731-376
 
Ir

If it where me, I still would have asked for clarification or qualified my answer.

A politically loaded question and an evasive answer got Bill Clinton into a lot of bother.

As I recall, he objected re relevance but was in my opinion wrongly directed to answer, and was then facing accusations of perjury.

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &
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Never tell anyone what discounts you're stature. YOU are the only one that will stick up for yourself, never forget that. After all the law is just a corrupt estate at the core. I trust to some extent in it's ability to keep laymen from complete anarchy, however, it fails utterly with all other respects.

[peace]
Fe
 
Clinton knew precisely what they were asking about. He just didn't know that they actually had the goods on him. It's hardly a comparable situation.

TTFN

FAQ731-376
 
"The truth, the whole truth and nothing but the truth" is a bit of window dressing, a legal fiction.
The rules of evidence determine what is and what is not admissible and that then means we can only ever get a selected portion of the truth admissible.
The court procedures are then such that the question and answer routine between counsel ad witnesses means that the witness is required to respond only to the questions, and they are not ever given an opportunity to tell all the admissible evidence they know, let alone the whole truth.
Nice idea though.



JMW
 
Cass,
As you stated, you would like to pursue both career courses. Keep in mind that the modeling/commercial side brings with it an element of fiction. In the expert testimony realm, you cannot let the fiction aura permeate your credibility. At some point, as your modeling/commercials become more visible and you are recognizable, you can kiss your expert testimony credibility goodbye.

Ron
 
Ron,

This is exactly why I asked the question. It was my gut reaction in the moment that gave me a clue that I really need to evaluate doing additional modeling. The job I just completed is at least close to reality. Due to family history and a propensity to gain weight easily, I need to monitor myself for diabetes. I was also the only person at the photo shoot who knew how to use and read a glucose meter from using one on my mother. I told the actor using one for the photo that he was holding it upside down. The next available gig may be for a product that would be more of a problem like Valtrex for genital herpes or that new medication for bipolar disorder that I can't remember the name of because I don't even know any bipolar people.

"If you are going to walk on thin ice, you might as well dance!"
 
Funny thing is that if you scrubbed toilets to meet rent while unemployed, no one would hold it against you. For some reason, posing in front of a camera isn't as "noble".
 
I don't think it much matters what the sideline is. The issue is that an "expert" is expected, by the public at large, to be hunched over a desk or labbench on a full-time basis.

There is a somewhat valid perception that if you are not employed full-time at your job, how can you be an "expert?" The only exception to that concept is if you are "retired" and the audience can feel your decades of experience wash over them as you testify.

TTFN

FAQ731-376
 
This is starting to remind me of the episode of Friends where Joey poses for a commercial and it ends up being a poster ad for a genital herpes campaign. He's trying to hit on a girl waiting in line at the subway and she sees the ad and takes off. Sorry for those that never watched Friends (1990's sitcom)
 
I don't see how modeling could hurt your credibility. You were laid off, or had some spare time. Times are tough and picking up some interesting work on the side is fun.

I've had more problems having worked for an outfit that was fined $500 million by the DoJ for ethical violations. Technically it wasn't a fine, but a "voluntary settlement with no admission of guilt". But nobody lays out that sort of cash if they are innocent. And although the problem was with a different division than the one I worked in, the public doesn't know the difference.

Unless your outside activities are attached to something ethically questionable, don't worry about it. Some of the smartest people I know get involved in some pretty wacky activities with no relationship to their career just for fun.
 
Leaving aside the on-the-stand issues, this is along the same lines as your belly-dancing. You're out doing something in public that some people have misapprehensions about. It has the potential to be more out in public than the belly dancing, depending on the distribution of the advertising. But it's basically the same question.

If you don't want to be thought of as The Face Of Herpes, for whatever reason, whether it's personal or professional, don't take the gig. For acting in general, don't worry about it. If you starred in the community theatre annual summer musical, no one would hold it against you. If you think the word "model" sounds too flitty, then come up with something else, like "appearing in print advertising".

Hg

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You people using the terms liar and perjury are getting a bit off the mark. She answered the question truthfully, and completely. The details are in: "and not much else."

Obviously, if the attorney wanted further detail of the not much else, he could have asked. There was no cover up about what was done, just no detail.
 
I tend to call it as I see it.

I think the view here is quite clear if we make the judgement without the undue influence of feminine wiles and unchecked testosterone.

If this were the pub, flirtatious games are in order, but this is an ethics forum for crying out loud.

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &
for site rules
 
Man... I'm glad I stayed out of this one... [noevil]

Mike McCann
MMC Engineering
Motto: KISS
Motivation: Don't ask
 
The thing here is we are talking about an expert witness.

You do not get an expert witness called in for Johnny stealing a bag of sweets. An expert witness is called in to clarify or highlight points that would not be obvious to a layman and the consequences of their evidence can be far reaching.

At least in my opinion to be selective with the truth for your own personal agenda whilst in this position is just plain wrong and very unprofessional.
 
The only mistake I see is talking to the (a) lawyer.
Without that conversation, s/he would not even have any idea you were laid off to begin with and the question would probably not even be asked.

If a general question such as, "what have you been doing, since ... " did come up at any time, your answer should have been, "None of your business. That's irrelevant to this case.", then let the judge decide and answer accordingly.

If the lawyers ask a specific question, such as "have you been modeling, or drinking" ... etc., stop and allow some time for a lawyer to open an objection, as being irrelevant to the case, which supposedly would be sustained. If nobody opens an objection, revert to the previous "NOYB.." response and let the judge decide.

**********************
"Pumping accounts for 20% of the world’s energy used by electric motors and 25-50% of the total electrical energy usage in certain industrial facilities."-DOE statistic (Note: Make that 99% for pipeline companies)
 
TDAA has said all that needs to be said. I see no issue of lying or perjury here. If the lawyers wanted additional information, they could have asked for it.
 
The "not much else" modeling job was significant enough to mention to the attorney and to bring up in an ethics forum, yet was seemingly carefully omitted from testimony. I am not sure there is no issue here. Also calling it like I see it.

And more conversation with the attorney was needed, not less; so that Qs and As could be adjusted to leave out work not significant to the case.
 
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