Expert Witnesses

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Opinions on Joe (and 3rd baseman jokes) aside, this interview with a former criminal defense attorney from Wisconsin provides an interesting take on expert witness testimony.

All cued up. If you've got five minutes or so check it out. Starts with "Almost all expert witnesses are whores." :eek::D


 
Even prosecutors I know have said, to the effect, "the majority of 'expert' witnesses information is either 20 years old because all they do is charge 5 figures for testimony with the first digits being at minimum a 3, since they started. OR, they just they're just trying to make a buck and it's literally all they do"
 
Why do you think some people don't trust "experts".
 
It's more prevalent in civil cases in my experience. And it's definitely true. Whether it's an accident reconstruction expert, vocational rehabilitation expert, or a doctor providing his expert medical opinion on causality, it's all but assured you know will know their conclusion, depending on the side which hired him/her, before you actually read the report.
 
There's a fair amount of this going on, but a lot of the blame goes to the lawyers, and he's pretty much ignoring his role in this. I'll try and explain how:

First, as he alludes to, lawyers don't just pick experts out of a phone book. When you select an expert, you typically already know how they're going to testify given a certain set of facts. This might be because you got a referral from another defense attorney, or you've seen them in court, or that's just how things are.

There's also a non-0 amount of shopping around - you don't just call an expert and have him appear in court. You'll talk to him before hiring him, and if you get a sense that he might not be ideal, you call the next guy on your list.

Third, experts are testifying based on the facts they are provided in the question as posed. Attorneys will typically ask very specific questions that are designed to get a certain response, and they might leave out information- especially contested information. I have a friend who was called to testify in a case as an expert witness, and he was asked to testify something on a limited set of facts. The attorney did not mention the existence of an additional, nominally contested fact on direct examination. This fact would have changed his answer. (The fact was brought up on cross, but the damage had already been done).

Finally, in a direct rebuttal of his claim that he's never seen an expert disagree with the party who has hired him - I've seen this happen more than once. Now, it's not common, because attorneys know how to manage their experts, and experts don't like to contradict the person paying them, but many do have some integrity. It almost never happens on direct examination, because they're responding to questions from one party, and a competent attorney will ask questions in a way that there is only one correct answer. However, on cross examination, expert witnesses can and will make statements harmful to their side.
 
one of my best friends is a toxicologist --- when his boss appears before a court as an expert witness -- all his facts / statements on that case were written up by an employee fresh out of undergrad.
 
Thanks for the responses guys. It makes sense a lawyer isn't going to enlist a witness who hurts the case. What's concerning is the thought that "experts" are pumping out more opinions than facts, which will be difficult for jurors to separate.
 
Not sure if anyone backed up the video to notice Schmidt saying how poor people need to resort to bringing in loved ones as character witnesses for sentencing. Then he launched into how rich people can buy testimony.
 
I knew a expert witness. He is a world-renowned endocrinologist.
Yes he made bank, but yes he is the real deal.
 
anybody that has dealt with the court system in any manner knows how much full of shit baloney goes on, its shameful. bought testimony. "Experts" with no credentials etc etc.

its sickening that ppl will go to such lengths for a paycheck, they dont care if somebody innocent goes to jail and it destroys families. lowest of the low.
 
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I knew a expert witness. He is a world-renowned endocrinologist.
Yes he made bank, but yes he is the real deal.

And for the right price, the opposition could find their own real deal expert to disagree with him. Also, studies show that experts disagree with themselves on any given day. Forget the stats on that one though.
 
That is why i dont like the US legal system. Same as the plead quilty offers, you are almost stupid to fight them even if you are innocent
 
And for the right price, the opposition could find their own real deal expert to disagree with him. Also, studies show that experts disagree with themselves on any given day. Forget the stats on that one though.

Just pointing out that not every expert witness is without real credentials.
 
Thanks for the responses guys. It makes sense a lawyer isn't going to enlist a witness who hurts the case. What's concerning is the thought that "experts" are pumping out more opinions than facts, which will be difficult for jurors to separate.
It's not that difficult to get the jury sorted out. An expert opinion doesn't stand in isolation. I do workers' comp. The whole game there is to prove causation. Every case, I have a doctor saying one thing and they have a doctor saying the opposite. Ruptured disc while lifting? I know doctors who will say the lift caused the injury. The bad guys knows doctors who will say that it was just the straw that broke the camel's back of preexisting degenerative changes. Both opinions are given deference, but neither is taken as fact. Rather it is for the attorney to argue and for the judge/jury to decide which expert's opinion is better.
 
And for the right price, the opposition could find their own real deal expert to disagree with him. Also, studies show that experts disagree with themselves on any given day. Forget the stats on that one though.
That makes it easy. I have a file on each doc. If they show up in my case saying the opposite of what they said in another case, I cream them on cross exam with it. And then the case is as good as won because now the trier of fact wont believe anything the other side outs on.
 
And for the right price, the opposition could find their own real deal expert to disagree with him. Also, studies show that experts disagree with themselves on any given day. Forget the stats on that one though.
As an expert in disagreements, let me tell you that 9 out of 3 experts don't believe you.
 
Oh I agree. They have credentials. It's just that it's not too difficult to get experts to disagree with each other.
If anything, I am more concerned with what kind of credentials we accept. Oregon is pretty permissive. They let just about anyone testify as an expert and leave it to the trier of fact to decide what the opinion is worth. I have seen a crystal healer give expert testimony.

The other thing about Oregon is we do trial by ambush. The other side doesnt get to know who your experts are ahead of time. Even in comp you can work it to come into hearing with a new expert report with no warning and there's nothing the bad guys can do but eat shit for rebuttal and cross exam him.
 
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