I would be surprised to learn that attempting to be an expert witness in a trial is ‘practicing’ a trade, especially when you, yourself, make it clear that you don’t have a license.
In his deposition, Wayne testified truthfully that he was not (and never had been) a licensed engineer. In fact, like the majority of engineers nationwide, Wayne was not required to get a license since he worked for a company under the state’s “industrial exception.” Instead of saying Wayne’s testimony was wrong, the defendants said it was illegal—because Wayne did not have a license to express these opinions. Astoundingly, the Board seems to agree. In May, it sent a certified letterto Wayne’s home stating that they were investigating him. In North Carolina, practicing without a license can result in criminal misdemeanor charges.
No one should need a license to express an opinion. It should not be a crime to be an avowedly unqualified expert witness. The remedy for being an unqualified expert witness should be to have your testimony be refused or stricken or to have it be disbelieved.
IANAL, but the board definition of ‘practicing’ engineering seems unreasonably broad.