Navigating Some Deep and Troubled Jurisprudential Waters: Lawyer–Expert Witnesses and the Twin Dangers of Disguised Testimony and Disguised Advocacy

Dublin Core

Title

Navigating Some Deep and Troubled Jurisprudential Waters: Lawyer–Expert Witnesses and the Twin Dangers of Disguised Testimony and Disguised Advocacy

Description

Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result of pure whim and prejudice, or random and arbitrary decision-making. At the same time, the use of compensated, partisan expert witnesses poses significant dangers to the fair and just determination of disputes. This Article examines the enhanced dangers that can appear when the expert witness is a lawyer, chiefly the pervasive use of “disguised testimony” and “disguised advocacy.” The Article concludes with some suggestions for reform to minimize or eliminate these problems.

Creator

W. William Hodes

Publisher

St. Mary’s Journal on Legal Malpractice & Ethics and St. Mary's University School of Law

Date

2016

Contributor

St. Mary's University School of Law

Rights

Copyright to author W. William Hodes

Relation

St. Mary’s Journal on Legal Malpractice

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

Hodes_Final.pdf

Files

Hodes_Final.pdf

Citation

W. William Hodes, “Navigating Some Deep and Troubled Jurisprudential Waters: Lawyer–Expert Witnesses and the Twin Dangers of Disguised Testimony and Disguised Advocacy,” St. Mary's Law Digital Repository, accessed April 27, 2017, http://lawspace.stmarytx.edu/item/Hodes_Final.pdf.

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