Enlisting the testimony of an expert witness warrants a heightened level of caution, extending to the selection and engagement process. Why? Because a certain level of mindfulness is essential when contemplating the ethics surrounding the utilization of an expert witness to bolster a case.
In an ideal scenario, the expert witness serves as a guide to dispel confusion surrounding evidence and procedural matters. However, the courtroom risks being tainted by undue bias, misinformation, and subjective opinions if care is not taken. While different states may hold varying perspectives on certain matters, these ethical considerations remain paramount for attorneys when securing an expert witness.
The first area that demands careful consideration is compensation. The remuneration for an expert witness should reflect their expertise, knowledge, and time invested. This fee should be established upfront and should not hinge on the outcome of the proceedings, as this could lead to improper incentives. Moreover, lawyers are prohibited from offering inducements or contingency fees, as outlined in the American Bar Association’s Model Rules of Professional Conduct.
Compensation varies depending on the expertise of the individual. More than 40% of experts command over $10,000 for each engagement, with a small fraction (5%) anticipating earnings exceeding $50,000 per case. Conversely, approximately one-third (32%) earn less than $5,000 per assignment. Attorneys should steer clear of any expert who insinuates that a more favorable opinion can be bought at a higher price.
Similarly, a second area necessitating caution is the ethical stance of the witness. Their duty is to provide testimony based on their specialized knowledge or specific connection to the subject matter. Opinions must be grounded in facts and evidence pertinent to the case. Therefore, the witness is obligated to disclose information that could contradict the hiring attorney’s argument. Failure to do so, or selective presentation of information, risks introducing bias into legal proceedings. When engaging an expert witness, it is crucial to identify a professional who adheres to these principles.
However, a witness can impartially advocate for the attorney by presenting researched material objectively, without distorting the truth provided by the evidence. By maintaining impartiality and emotional detachment, they can mitigate the risk of prejudice and potential disqualification from the court.
Ethical considerations must underpin the procurement and utilization of these professionals, whether in a criminal or civil context. Moving forward, all parties involved must exercise vigilance in their interactions to prevent compromised testimony, obstruction, or any other ethical issues. For further insights into expert witnesses and the associated ethical considerations in hiring, please refer to the accompanying source.
Infographic provided by Forensis Group, a provider of intellectual property experts
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