Unethical Behavior by Lawyers against Expert Witnesses
Unethical Behavior by Lawyers against Expert Witnesses
Do not permit your retaining attorney to direct your eventual opinions. Influence can be as blatant as telling you what opinion he wants you to express, or as insidious as showing you only a part of the relevant facts in the case. It is possible to become victimized by your retaining attorney if he withholds important data. Be sure to ask if any data exists that you have not yet seen. Don't be shy; in fact, you might as well tell him in the initial conversation that you conduct thorough investigations that must contain all relevant information. Ultimately you cannot rely only on facts that your retaining attorney tells you. He may wish to influence the basis and foundation on which you draw conclusions and form opinions; therefore you must determine those facts from other sources in your investigation.
Do not give opinions that reach beyond the original scope of engagement. If your attorney subsequently asks you to render extra opinions, be certain to document that request so that you can describe the expansion of your part in the case. Opposing attorneys will frequently ask you about your original scope of engagement. Keep accurate notes.
When an expert receives payment for services that contain expressing an opinion that does not have a solid basis in fact, he is said to sell' his opinion. You should not sell' your expert opinion, especially if you can tell in advance that you will not have enough time to perform a thorough investigation. Attorneys occasionally wait until late in the case to hire an expert who will offer to say what they want to hear. Again, if you do not have enough time to do the research, you should probably reject the case.
If during questioning you are tired, request a break. Do not fight the fatigue and continue to answer questions. That would be to your detriment. It is your responsibility to ask for a rest if you need one. Remember, opposing lawyers like it when you are uncomfortable.
Attorneys can employ intimidating and abusive techniques. They may repeat questions or wear you down with a series of irrelevant questions. Expect this. Stay calm no matter what techniques they use.
Attorneys for the other side may occasionally ask questions about your private life or your personal habits. Unless these questions relate to your particular expertise in the matter and your competence to offer relevant opinions, your attorney should probably object. If you hear no objection, just calmly reject such questions as being irrelevant to your professional work and your testimony. This will all be covered later in more detail.
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