Lawyer Guide on Expert Witness Conflicts

Learn about what types of conflicts exist when working with expert witnesses, whether these conflicts may require replacement of an expert witness, confidentiality related to expert witnesses and ethical considerations for working with expert witnesses. Also, learn about potential challenges related to these conflicts.

Need an Expert? We Can Help You ➤

Avoiding Disqualification of Expert Witnesses from Conflict of Interest

It is often a conflict of interest that causes problems that may even lead up to the disqualification of the expert witness in numerous cases. Avoiding these circumstances and remaining on the case or claim is vital for the professional to assist the lawyer and explain the subject matter to the courtroom to alleviate confusion.
Read more
Can I Hire the Opponent’s Expert Witness Who Removed Himself from the Case?

Sometimes, a lawyer has the opportunity to hire the opposing expert witness for his or her case when the professional is no longer part of the process. However, these situations must involve certain circumstances before the expert may change lawyers that generally includes any lack of conflict of interest and knowledge of the opposing lawyer’s case.
Read more
Confidentiality and Discretion of an Expert Witnesses to Avoid Conflicts of Interest

Avoiding a conflict of interest is critical to remain a designated expert witness on a case and prevent disqualification from the judge which may remove the testimony possible. By following certain tips and removing access to reports, information and testimony, the professional may increase the possibility of staying on the case when presenting reliable testing and relevant information.
Read more
Conflicts of Interest When Expert Witnesses Switch Sides

There are certain issues with an expert witness switching from one legal team to another, and many of these involve the conflict of interest where the professional may have knowledge of the details or strategy the other side may have. Disqualifying the expert for engaging in this activity is often something the judge will consider based on the specific case.
Read more
Ethical Considerations in the Relationship between Lawyer and Expert Witness

The lawyer and expert witness must maintain a professional relationship as they are employer and employee while attempting to build a strong working relationship for the case. By keeping the work-related matters ethical, both must push aside other personal issues so that ethical concerns do not harm the client.
Read more
Avoiding Conflict Problems with Expert Witnesses

The relationship between lawyer and expert witness relies upon the work they accomplish which requires a lack of conflict and a better understanding of the subject matter. There are ways of avoiding arguments that can help assist both parties in seeking stronger bonds and working together on the case accordingly.
Read more
Five Mistakes Attorneys Make After Deciding To Hire An Expert

Diligent work with experienced trial counsel in the selection and preparation process pays invaluable dividends. For a successful selection, the author explains what should be taken into account from his expert’s point of view.
Read more
Does Privilege Apply to Expert Witness Research?

The aspect of lawyer and client privilege and what the expert can expect in a case may depend if he or she is a designated expert witness or a consultant only researching matters and helping the lawyer hire another expert witness. Keeping research non-discoverable is important in certain litigation claims or criminal investigations.
Read more