HOW TO BE A SUCCESSFUL EXPERT WITNESS

Introduction
This is a teaching and lecturing outline which I have used in various forensic expert courses and programs. It is intended as an issue-raising guide for consultants and expert witnesses who will work for attorneys. It should only be used in compliance with the rules of evidence and procedure that apply in the particular jurisdiction involved. It could be useful as a checklist covering issues for discussion between the expert and the attorney.

Ethics For Experts In Litigation

Before accepting employment, always ensure that no conflict of interest exists:
Obtain instructions from attorney as to confidentiality and other client concerns.
Where potential conflicts exist, seek permission in writing to consult from prior "confidants."
Penalties for consulting or acting as an expert in a conflict of interest include:
Expert disqualified from testifying.
Attorney and expert completely disqualified from the case.
Sources of expert ethics:
The oath.
Ethics Guidelines in the expert's field.
The attorney's Canon of Ethics and State Professionals' Codes (Attorney Ethics are indirectly applicable to the expert, who works as an agent of the attorney. The expert may not be punished for infractions, but the attorney may!)