Ethics Issues Relating to the Use of Expert Witnesses

(Grand Ballroom D/E, 4th Floor)

Friday, June 2 
(10:40am - 12:00pm)

Moderator: Jim McCauley 
Panelists:   Ellen A. Pansky, Mark I. Harrison, Neil J. Wertlieb

This panel will discuss the legal ethics issues raised by the peculiar persona of the expert witness in litigation.  It will look at those issues from the viewpoint of both the lawyers who hire, collaborate, and direct expert witnesses, and those lawyers who serve as expert witnesses.

Some of the issues to be examined include: How to ethically prepare and use an expert witness (testifying and consulting) and how to interact with opponents’ experts; the professional and ethical constraints (if any) on non-lawyer expert witnesses who are nevertheless licensed professionals, and the effects of those constraints on the hiring lawyers’ own ethics responsibilities; the professional and ethical constraints on lawyer experts – are they acting as lawyers?  Do the Rules even apply directly? And what are the effects of those constraints, or lack of constraints, on the lawyers who hire them.

Materials

  1. ABA Handout - The Ethical Use of Expert Witnesses
  2. ABA Formal Opinion 97-407
  3. Pansky Article American Airlines v. Sheppard
  4. Engagement Letter

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