1. Expert should list elements of the regulatory standard and have them, through their analysis, demonstrate how the candidate or position meets that standard.
Rather than just discuss the facts of the candidate or position in abstract, the expect should focus their opinion on guiding the adjudicator to understanding that the facts meet the legal standard by discussing the facts in the context of the legal standard.
2. Expert should correlate actual job duties or experience to specific college courses.
Linking the facts of the case to specific university courses that encompasses that subject matter is important, creates a nexus between an academic standard set by an accredited university and job duties or experience, which can sometimes seem vague to an adjudicator.
3. Expert should utilize external sources and references.
Compare the actual job duties or experience to standards set by industry specific trade associations, universities, governmental agencies or other employers. Submit a copy of these external sources with your expert opinion. By showing how the facts of the case measure-up to other standards, you strengthen the argument that the job duties are normal and accepted for its industry.
4. Expert should use an effective layout.
This may be common sense, but it’s often the most overlooked. Many experts write their opinions as one big essay. Adjudicators are often inundated with documents. Instead of having adjudicators comb through a six-page essay to decipher the essence of what you are trying to prove, utilize effective introductions and conclusions that state your case, use headings, so that the adjudicator can skip to the section he/she would like, and make effective use exhibits and addendums.
5. Expert should state he or she gained sufficient knowledge about the petitioner, the candidate and the job.
A common challenge to an expert opinion is whether the writer has sufficient knowledge about the petitioner, the candidate and the job in order to offer an opinion. Having the expert state clearly how he or she gained sufficient knowledge in the letter makes the letter more effective. Be sure to include sources, specific documents, and names of relevant persons.
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