Expert witnesses are called upon to play key roles during court cases. They help judges, lawyers, and juries to understand key issues better than would otherwise be the case.
But one ethical challenge they face is the risk of being written off as hired guns — people retained to make the side that hired them look good.
An expert witness, whether hired by the prosecution or the defense, is supposed to provide unbiased testimony based on their expertise. A failure to be fair and honest can throw into question the validity of their testimony and possibly jeopardize the integrity of the trial.
While a lawyer probably won’t hire an expert witness whose testimony won’t strengthen their case, the testimony should be accurate.
One way an ethical dilemma could raise its ugly head during a trial is if the prosecution and the defense have expert witnesses whose testimonies contradict one another. It’s said that two things can be true at the same time — and in cases of contradictory experts, cross-examination can help.
Jurors can sometimes question expert witnesses by submitting the queries to judges who can present the questions to the expert witnesses. That’s one way to make heads or tails over how to handle situations where one expert says one thing and another says another thing.
Continue reading to see three other ethical challenges expert witnesses face in the courtroom.
- Pressure to Overstate or Misrepresent Findings
One ethical dilemma expert witnesses face is the pressure to overstate things or to misrepresent findings. While some loosey-goosey types might see nothing wrong with leaving certain information out or putting a spin on other things, expert witnesses should be honest. They must avoid even the appearance of dishonesty. Otherwise, they can hinder rather than help the side that hired them.
Remember that expert witnesses are paid by the prosecution or the defense. So, the lawyer who hires them might try to get the expert witness to go with a specific narrative — possibly ignoring facts to the contrary. That could mean leaving out unfavorable details or exaggerating some points to fit the narrative of the attorney who hired them.
However, expert witnesses should resist any pressure to overstate or misrepresent things.
- Competence and Qualifications
Another possible ethical conundrum expert witnesses might face is the temptation to overstate their competence and qualifications. If you’re involved in a tech or software case and need someone who can break down the issues so that non-experts in the jury can competently deliberate and vote, you need someone who is an expert. Finding the right expert witness focused on technology can be a game-changer.
An expert is obligated to testify only in cases where they have verifiable expertise. There might be a temptation for some professionals to overextend their qualifications or make claims that go beyond their expertise. But these mistakes present an ethical dilemma that experts should avoid since going this route could mislead the court and jeopardize the integrity of the case.
- Confidentiality and Conflicts of Interest
Yet another potential area where ethics might come into play is confidentiality and conflicts of interest. Expert witnesses have to safely guard privileged information and steer clear of conflicts of interest.
If they’ve been employed by or involved in any meaningful way with a party involved in the case, that could compromise the expert witness’ credibility. That’s all the more true if the expert witness has a financial stake in the case’s outcome. Before accepting an expert witness assignment, the professional should disclose any possible conflicts of interest.
These are some ethical dilemmas that expert witnesses face as they play their essential roles in the legal process. Finding the right expert witness is a function of researching to check their track records and increase the odds of finding a professional who’ll avoid any ethical missteps.
