The views of this article are the perspective of the author and may not be reflective of Confessions of the Professions.
Bringing in an expert witness demands heightened ethical awareness throughout the hiring and retention process. Why? Because ethical considerations play a pivotal role in leveraging expert testimony for legal cases.
In an ideal scenario, an expert witness clarifies evidence and processes, dispelling confusion. However, there’s a risk of introducing bias, misinformation, or subjective opinions into court proceedings if not careful. While states may differ in their views, attorneys must weigh these ethical aspects when enlisting expert witnesses.
The first critical aspect is compensation. Payment for an expert’s services should reflect their expertise, knowledge, and time, with fees agreed upon upfront and independent of case outcomes to avoid improper incentives. Offering inducements or contingency fees is prohibited by the American Bar Association’s Model Rules of Professional Conduct.
Compensation varies, with over 40% of experts earning over $10,000 per engagement, while only 5% expect over $50,000. Attorneys should steer clear of experts hinting at a favorable opinion for a higher fee.
Similarly, ethical considerations extend to the witness’s conduct. They’re duty-bound to provide testimony based on factual evidence, even if it contradicts the hiring lawyer’s argument. Any omission or selective presentation risks biasing legal proceedings. Attorneys should seek out professionals committed to impartiality.
Nevertheless, a witness can advocate for the lawyer by presenting researched material objectively, preventing bias and potential disqualification from court.
Ethical integrity is paramount in procuring and utilizing expert witnesses, regardless of the case’s nature. All parties must maintain ethical standards to avoid compromised testimony or other legal issues. For further insights into hiring expert witnesses and related ethical concerns, consult the accompanying source.
