The Expert Witness Chronicle™, originally published by Expert Witness Guru in April of 2012, is an online magazine now powered and co-published by The Expert Witness Exchange, LLC. The Expert Witness Exchange, LLC supports the revival of perhaps the only dedicated trade industry publication uniquely positioned to address and inform members in both the expert witness and attorney communities of developing issues and opportunities of interest to each. The Expert Witness Exchange will do its part to locate content and identify trends and opportunities affecting both communities, making the Chronicle a must read for both experts and attorneys.
In its first version, the Expert Witness Chronicle™ was published and edited by Ashish Arun under the advisement of an editorial board comprised of some of the best known academics and practitioners in the field of expert witness testimony and scientific evidence. A total of six issues were published prior to its temporary discontinuation in April of 2013. Ashish Arun has invited several of the original members of the editorial board back, and the Expert Witness Exchange looks forward to their valuable input in future issues. Please see biographies for Ashish Arun and the legacy editorial board to the left.
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Cover Story Snapshot
By Paul Powers, DC & Samuel Lisi
There is no disputing the influence that expert witnesses have on litigation outcomes—this much we know for sure. Their expertise is often relied upon by the court in rendering decisions and weighing the opinions, methodology, and indeed, the credibility of the competing expert witnesses involved for each party to the legal dispute. Considering what is at stake, it behooves litigators to be exceptionally careful and circumspect in their expert witness retentions and due diligence practices. Perhaps due to the competitive nature of expert witness work, human nature, or the lack of a universal, standardized credentialing body to track the credentials, background, or relevant employment experience of those who elect to participate in the judicial process as expert witnesses, there exists a reoccurrence of misrepresentation of licensure, academic credentials, certifications, and work history. In some instances, the circumstances are far more benign, yet still cause difficulties and considerable angst.
For example, licenses and certifications may have been surrendered or lapsed. Even if aware, an expert witness may not deem it a material matter to bring to the attention of the retaining counsel. Whether arising from benign oversight or purposeful deceit, such revelations, rooted in the lack of a verification mechanism, may be devastating in all forms of litigation, presenting opposing attorneys a set of circumstances that may be leveraged for use at trial or in an effort to impose more favorable settlement terms. It is the Expert Witness Validation Committee’s view that an expert witness’s misrepresentation of credentials, deliberate or otherwise, is clearly harmful to the adversarial system of justice, in that it: adversely impacts the interests of the parties involved, harms attorney client relations, and erodes confidence in the judicial system itself.