The Compromised Expert
The last post addressed a New York Times piece that aired longstanding criticisms of the U.S. legal system’s use of expert witnesses at trial. The article included a quote I found intriguing from one expert witness: “‘After you come out of court,’” the witness is quoted as saying, “‘you feel like you need a shower. They’re asking you to be certain of things you can’t be certain of.’”
That’s what I would call a compromised expert. Such experts should be avoided. Courts want specificity in how an expert witness reaches a conclusion and so, too, should the attorney who hires him or her to testify.
This is where selection of an expert witness becomes fundamental to your strategy. The expert, if shown to possess education or experience in a particular field, and if he demonstrates unwavering confidence in his opinion, can save the day and destroy the adversary by rendering a lethal opinion—one that is capable of withstanding a “compromising” question.
Continue reading "The Compromised Expert" »
Maryland Discovery Problems and Solutions
