![]() ![]() ![]() Any litigant who wants to find a “whore” will do so. The art of lawyering is to manipulate the facts you have to support your theory of the case. The business owner’s valuation will reflect the owner’s concerns and the non-owner spouse will dismiss the business owner’s claims of slow growth or lack of income. This is why mediation with truly talented mediators is such an attractive avenue to those who want to resolve cases the experienced mediator and seasoned lawyer are often capable of exposing an outrageous opinion without the cost of a full-blown trial, but the cost is still far too great for such tactics. The greatest concern is an expert playing it closer to the vest – for they are the most dangerous. Eventually, those experts who bend too far will be exposed. Outside of the child-related issues, experts are sought and influenced by the lawyer selecting the expert in subtle if not outright blatant forms of coerced positions. But biases are not so easily tamed, which is why one must be very careful when selecting the expert. This is why judges listen to the expert appointed by the court, hoping that the issues of bias will be lessened as it is the “court” hiring the expert – not the party. The experienced lawyer knows which parenting experts favor mothers or fathers. How does this happen?Ĭertain experts have biases that are difficult to expose. But in every case that goes forward to trial, experts who have different – if not diametrically opposing – views will exist. Ask any expert and they will regale you about their “fair-mindedness and honesty” in their opinions. ![]() The title leaves little doubt about the author’s perspective. Books have been written on this topic, including Whores of the Court: The Fraud of Psychiatric Testimony and the Rape of American Justice (HarperCollins, 1997) by Margaret A. The question here is one of “bias” at best or “hired guns” at worst. Here’s what six lawyers and three forensic experts had to say about whether or not expert witnesses’ opinions depend on who hired them: both from a litigator’s point of view and from expert witnesses themselves.ĭo Expert Witnesses’ Opinions Depend on Who Hired Them? The Litigators’ Viewpointīiases Can Be Difficult to Expose and Hard to Tame If this practice is rampant in family law litigation in your area, what do you think could be done to ameliorate or eliminate it?.When added to the already high cost of family litigation, do you believe that the expense of biased competing expert opinions is a significant barrier to access to justice to clients without extremely deep pockets?.Do you know of a case where an expert has produced an opinion favorable to their party – even though the facts did not support that conclusion?.Do expert witnesses’ opinions often align with the party who retained them – even if that opinion stretches credulity to the breaking point?.We asked lawyers as well as financial and other experts who have testified (or have witnessed expert testimony) in family law cases to submit short articles about their experiences on one or all of these areas: In some cases, trial judges have openly wondered whether an expert’s opinion would be different if they had been retained by the party opposite.” So: Do Expert Witnesses’ Opinions Depend on Who Hired Them? We asked lawyers and other family law professionals on our website to help us answer the question: “Do expert witnesses’ opinions depend on or align with the party who hired them?” Six lawyers and three forensic experts accepted the challenge and submitted short articles to us below, they discuss the Good, the Bad, and the Ugly of expert witness selection and testimony.ĭiana Shepherd, CDFA ®, Editorial Director of Family Lawyer MagazineĪn expert opinion is supposed to be the product of an expert’s independent judgment – uninfluenced by who has retained them – but would their opinion change depending on which side hired them?įamily lawyer Gary Joseph, a managing partner with MacDonald & Partners LLP, says that courts “continue to struggle with expert witnesses and the frequent alignment of their opinions with the positions of the party who retained them. ![]()
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