February 23, 2015 Articles

Ethical Considerations in Dealing with Expert Witnesses

Selecting and working with expert witnesses, both friendly and adverse, involves a variety of ethical issues

by George Carr

There are ethical issues involved in all stages of selecting and using your own expert in connection with litigation, as well as adverse experts. This article suggests some areas of concern that practitioners should consider carefully, in light of any and all applicable ethics rules governing their practice.

Selecting and Engaging Expert Witnesses
Client confidentiality can be a significant concern when identifying potential expert witnesses, assessing their expertise, and discussing their likely opinions. See Model Rules of Prof'l Conduct R. 1.6(a) [hereinafter ABA Model Rule] ("A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent [or] the disclosure is impliedly authorized in order to carry out the representation . . . .").

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