Effective and Ethical Use of Experts
One of the most important issues lawyers face in preparing for trials and other hearings is whether or not to retain an expert. This program will cover the range of topics and issues that would benefit from expert testimony, including the relevant legal issues and arguments, as well as how to prepare your expert to take the stand. It will also cover what should factor into the decision as to whether to retain an expert for consultation purposes only, or also to testify in court.
This program will cover applicable ethics rules and standards that apply to using expert witnesses. It will include the ABA Model Rules, Ethics Opinions, the ABA Criminal Justice Section Standards, and applicable case law. Issues range from compensation, to independence of opinion, to potential conflict of interest, to manner of testifying.
This program will also cover preparing an expert to testify, including how to tailor the method and manner of testimony to the facts of your case. Because jurors do not appreciate (or understand) an expert who speaks in industry-specific jargon from an ivory tower, this program will cover how to humanize your expert. In covering this important interpersonal angle, it will present discuss the results of research studies investigating juror perception of expert witnesses.
- Introduction to the importance of considering ethical expert testimony in legal proceedings
- Overview of ethical legal issues and arguments that benefit from expert testimony
- Discussion of ethical factors to consider when deciding whether to retain an expert for consultation or testimony
- Explanation of applicable ethics rules and standards for using expert witnesses, including ABA Model Rules, Ethics Opinions, Criminal Justice Section Standards, and relevant case law
- Discussion of compensation, independence of opinion, potential conflicts of interest, and manner of testifying in ethical manner
- Ethical Techniques for preparing an expert to testify, including tailoring testimony to the facts of the case
- Ethical Strategies for humanizing an expert and avoiding industry-specific jargon
- Ethical Presentation of research studies on juror perception of expert witnesses