Holding the Line of Integrity as an Expert Witness: Client Dynamics

By Dr. Gary L. Deel, Ph.D., J.D.

I have written in previous articles about some of my work as an expert witness. One thing I have tried to be emphatic about throughout my writing is that expert witnesses are not advocates for any parties in litigation. Rather, their role is to help educate the trier of fact (i.e., the judge and/or jury) on matters that might not be intuitive to the layperson — so that judgements about accountability in courts of law can be well-informed and fair.

An expert who assumes a role of advocacy can be disqualified for bias — so this principle is really important. Of course, just because an expert’s opinions happen to support the arguments of one party or contradict the arguments of another doesn’t mean that the expert is automatically “biased”.

Integrity with Client Counsel

Unlike expert witnesses, attorneys have a duty to zealously advocate their client’s interests. As someone who is both an expert witness and an attorney, the distinction between these two roles is a dichotomy with which I am all too familiar.

Understandably, attorneys are generally not interested in hiring experts whose opinions are adverse to their client’s interests — doing so would be counterproductive and even self-sabotaging. The…