mccaffery and associates, inc.

Frequently Asked Questions

For what time periods can you obtain relevant documents to defend against an asbestos claim?
Can you get access to documents created after 1961?
Do you research other media like maps, engineering or construction plans, photographs or motion pictures?
Why does it take longer to research merchant ships?
Is it necessary for you to research everything about a ship or can you research specific items?
Why can’t I do this myself? Isn’t everything online?
Do you provide expert testimony?
What can we expect to receive from McCaffery & Associates when the research is finished?
Do you provide self authenticating copies of the documents that you locate?
What information do you need to start work on a case?
What do you charge?
How much will it cost to have McCaffery & Associates do research for me?
What does the National Archives and Records Administration charge for document certification and reproduction?
 

For what time periods can you obtain relevant documents to defend against an asbestos claim?

We can provide detailed documentation from the National Archives on nearly any product used aboard naval ships from 1940 to 1961. This period covers most ships in service through the 1980's when asbestos was no longer authorized for use aboard naval vessels. The same information, although not as detailed, is available for most merchant type ships constructed by the U.S. Maritime Commission from 1939 to 1950. Some U.S. Navy records are now available into the early-1970s. The Maritime Administration has records for U.S. built merchant ships from the 1960's to present day. However, these can only be accessed through the Freedom of Information Act. Very few U.S. Coast Guard documents are available beyond 1945 from the National Archives, although a very good collection of plans for Coast Guard cutters and craft are held by the National Archives.  Top of Page

Can you get access to documents created after 1961?

The “rule of thumb” is that documents are transferred to the National Archives 31 years after their creation. Therefore, records for naval ships through at least 1970 should be available. However, in 1961 the successor to the Bureau of Ships, the Naval Ship Systems Command (now the Naval Sea Systems Command) stopped maintaining central correspondence files by subject and began filing correspondence either chronologically by the first letter of a ship’s hull designation or simply in chronological order. Initially, when these files were offered to the National Archives, the National Archives has refused to accept the files unless the Navy we re-organized the files on a subject based system. After several years of negotiations between the Navy and National Archives, the decision was made to destroy all documents dating from 1962 to 1965 that had not already been transferred to the National Archives. Since that time, the National Archives has consented to accept both unclassified and classified Naval Ship Systems / Sea Systems Command documents without reorganization. As time permits we are reviewing the unclassified documents to make them useful for research. Top of Page

Do you research other media like maps, engineering or construction plans, photographs or motion pictures? 

Yes, the National Archives has extensive collections of maps, full size plans and plans from on microfilm of buildings, ships and aircraft. The National Archives also has extensive collections of photographs, motion pictures and sound recordings through the 1970's. Top of Page

Why does it take longer to research merchant ships?

Merchant ships built between 1940 and 1950 were the responsibility of the U.S. Maritime Commission. The majority of Maritime Commission records have recently been turned over to the National Archives. However, records for merchant ships built after 1950 are still under the custody of the Maritime Administration, the successor to the Maritime Commission. These documents are only available for research through a Freedom of Information Act (FOIA) request. This process takes several months to deliver copies of relevant documents. McCaffery & Associates files FOIA requests with the Maritime Administration in our own name and do not divulge either the nature of the research or our client’s name.  Top of Page

Is it necessary for you to research everything about a ship or can you research specific items?

The research conducted on behalf of our clients can be as narrow or as broad as they request. Certainly it is not necessary to research a ship or project much beyond the period during which the claimant(s) asserts they were exposed to asbestos. However, narrow searches may miss important documentation. For this reason we recommend that you discuss the case with us to that we can jointly determine the most effective scope.  Top of Page

Why can’t I do this myself? Isn’t everything online?

None of the documents or other media used in our research is available in electronic formats. The documents and plans are filed according to filing systems that have not been in use since the 1950's. Most of the documents are filed by alphanumeric filing codes that, frankly, take time to learn and understand. Therefore, while some do try to conduct their own research, they usually find very few documents of limited value.   Top of Page

Do you provide expert testimony?

Yes, primarily on the methods used in our research, the authenticity of the documents provided to the court from that research, and the history of naval ships and equipment based on our research. In addition, several of our researchers are qualified experts in marine engineering, electrical/electronic engineering and aerospace engineering.   Top of Page

What can we expect to receive from McCaffery & Associates when the research is finished?

Typically our clients receive a set of documents, organized by subject, in chronological order within each subject area bound together with a memorandum summarizing the documents and identifying important issues within the documents. Each document will have its essential portions highlighted for easy identification and the summary memorandum will reference supporting documents by subject area and date. In addition there may also be copies of plans, photographs and personnel documents, similarly organized and highlighted. Finally, there will be a second set of self authenticating documents.  Top of Page

Do you provide self authenticating copies of the documents that you locate?

Yes. We provide two types of self authenticating documents depending on the type of media that the original documents come from. Original documents that are full size engineering plans or maps and documents from microfilm are easily provided with a National Archives certification bound together with a red ribbon. Textual documents like correspondence or publications must go through a 4 to 6 week long process to receive a National Archives “red ribbon” certification. During this time all of the documents in each box of documents for which even one document is requested to be certified are unavailable to any researcher. Because of time concerns and that the unavailability of certain groups or types of documents may hinder our research we provide authenticated copies of these documents. This takes the form of a sworn and notarized statement, bound to the documents in the same fashion as the National Archives certification, only with a blue ribbon. These authenticated documents have been accepted by courts across the country and we are unaware of any that have not been accepted.   Top of Page

What information do you need to start work on a case?

The first thing to do is to call us so that we can discuss the case and determine what, if anything, we can do on the case. In general, all we need is the plaintiff’s full name, the names of the ships the plaintiff is alleged to have served on and a range of dates for his service aboard those ships.  It also helps our research team to review deposition materials and the plaintiff's service record.  New clients must also first sign our standard engagement letter.   Top of Page

What do you charge?

We charge by the hour, and reasonable expenses charged at our cost. Our rates vary depending on the qualifications of the researcher or staff member. Rates, terms and conditions should be discussed in detail within the context of a specific client or case. Itemized bills are sent monthly or upon completion of our work on a case. Specific invoice formats can be accommodated with sufficient advance notice.   Top of Page

How much will it cost to have McCaffery & Associates do research for me?

We charge by the hour, and reasonable expenses charged at our cost. Our rates vary depending on the qualifications of the researcher or staff member. Rates, terms and conditions should be discussed in detail within the context of a specific client or case. Itemized bills are sent monthly or upon completion of our work on a case. Specific invoice formats can be accommodated with sufficient advance notice.   Top of Page

What does the National Archives and Records Administration charge for document certification and reproduction?

Effective October 1, 2007, the National Archives and Records Administration increased the fees, among other services, for certification and reproduction of documents. The NARA memorandum summarizing these fees is NARA fees 10-1-07.pdf; the Federal Register published the notice about the change in document FRvol72no159 8-17-2007.pdf   and a detailed fee schedule in document NARA rates10-1-07.pdf.   Posted 10/3/2007.   Top of Page


#709, 107 S. West Street, Alexandria, Virginia 22314
Phone: 703-548-6144    FAX: 703-548-6146
e-mail
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info@mccafferyassoc.com

Effective defense through cost effective research