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Law 101: Legal Guide for the Forensic Expert

Examples of Abuses by Experts

  • Selling the report to the other side after the first side decided not to retain the expert.

  • Failing to update or keep current the expert's interrogatory responses.

  • Failing to disclose all opinions intended to be rendered and required by pretrial order.

  • Withholding information obtained during the expert's investigation of the case.

  • Destroying evidence during testing (spoliation).

  • Volunteering to testify as a "consulting" expert against the side retaining the original expert.

  • Switching allegiance and testifying on behalf of the other side.

  • Tendering false credentials.

  • Rendering a false opinion or report.

  • Tendering an opinion based on "vast experience" only, without doing any scientific, technical or professional investigation.

  • Being argumentative and telling examining attorney that he is "wrong" or "stupid."

  • Generating a long, rambling preamble to every answer.

  • Accepting an assignment involving disclosure of confidential information received from the opposite party in an earlier matter.

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