Label expert witness5/7/2023 Speaking engagements within the expert’s own professional community might give the expert valuable publicity. Lawyers who hear about effective experts from other lawyers are a fertile source of new professional engagements.Įxperts who want to expand their reach beyond a single law firm have several other options. Opposing counsel, lawyers who pay attention to trials in their fields of practice, and even presiding judges might mention the expert in casual conversations within the legal community. An expert who communicates clearly and effectively is likely to be noticed by other lawyers. Word of mouth is always good advertising. An expert who sometimes testifies for a plaintiff and other times testifies for a defendant is more likely to be viewed as trustworthy than an expert who always testifies for the same side. Whether those opinions will help the plaintiff or defendant will depend on the facts of the case. An accident reconstruction expert, for example, can offer opinions about the location and cause of a traffic accident. In civil cases, experts have more opportunity to work for both plaintiffs and defendants. So far, prosecutors have not tried to retain me, but I’m available to consult with any prosecutor who wants to explore the validity of an eyewitness identification.” An expert who is asked, “Isn’t it true that you only testify for the defense?” might answer, “I am willing to offer an honest opinion to any lawyer who hires me, whether they are prosecutors or defense attorneys. An expert can often make her availability clear with appropriate responses on cross-examination. It may be difficult for an eyewitness identification expert to find prosecutors who are willing to bolster an eyewitness identification with expert testimony, but prosecutors do hire experts in appropriate cases. An expert enhances his or her credibility by testifying for multiple lawyers.Įxperts are most likely to avoid the “hired gun” label when they work for lawyers on both sides. Working for other lawyers sends the message that the expert is not in the pocket of any particular lawyer. An expert who only testifies for a particular lawyer takes the risk of being perceived as the lawyer’s “hired gun.” When the expert acknowledges on cross-examination that she has given similar testimony for a lawyer five or six times in the past but has never been retained by a different lawyer, a jury might begin to wonder whether the lawyer and the expert have formed a cozy relationship that affects the expert’s credibility. While it is good to have a repeat client, there is a downside to always working for the same lawyer. Working for that lawyer might provide a steady income stream, but experts may be well served by developing professional relationships with other lawyers, as well. After the expert explains the factors that can cause an eyewitness to make a mistaken identification, an acquittal might convince the lawyer to retain the psychologist in every case in which guilt hinges upon the testimony of an eyewitness. Take, for example, a criminal defense lawyer who retains a psychologist to provide expert testimony about eyewitness identification. When an attorney has success with a particular expert, the attorney is likely to rely on that expert in similar cases. Expert witnesses often form a strong working relationship with a particular attorney.
0 Comments
Leave a Reply. |