Do NOT try this at home!

The popularity of home improvement shows, like 'Trading Spaces' are at a all time high. When you watch these shows the professionals on the show make everything from building a shelf to a deck look so easy. Many of us have taken the ease at which the people on the show handle the different building tasks as a sign that we could do it ourselves.

The outcomes from many of these do-it-yourself attempts have been disastrous at best!

Unfortunately, many attorneys both plaintiff and defense take this same approach when either calculating economic damages or rebutting claims of economic loss. Instead of hiring the right professional for the job, they do-it themselves or in some cases try to get the plaintiff to prove up their own damages. As the last post on the exclusion of economic damage evidence in the 10th circuit demonstrates this approach can lead to disaster.

Generally, we have observed:

* Economic evidence rejected because the plaintiff did not actually provide a sound economic justification for the loss. This is particularly problematic in business torts since even when an economist is retained, the owner (and plaintiff) will provide many of the insights and assumptions used in the economic damage assessment. (Who knows the business better than the owner?)

*Economic reports thrown out because the expert did not have the qualifications to do the analysis presented to the court.

*Economic damage claims rejected altogether for not using an economic expert at all.

When all else fails, remember a hammer drives in a nail better than the heel of a shoe.