@Setanta,
Quote: You've contradicted yourself, anyway. You said attoneys have staff who handle these matters. If the case is sufficiently important, especially if it potentially involves large sums of money, a well-prepared attorney is going to be using that staff to check his own expert witnesses just as opposing counsel would do.
I didnt contradict myself at all. My discussion was initially revolving around what attornies for the other side will do to impeach witnesses . Under the newer
Daubert rules an expert is limited and has a greater responsibility for his or her actions than he did under the older
Frye rules.
Then when you made the comment about how a lawyer on your side wouldnt find out as much about you as possible at theoutset, I tried to clarify the point that few attornies would necessarily waste money to "get the goods on you" until your opinion was known. They really have no idea where the track is taking us until the major points are fleshed out in detailed research. The attornies then have ample time and resources to skewer you if they can..
SAInce mnany of these claims and pollution cases can go on for years, finding out what the opposing attorney has to play with to impeach your opinion usually waits till the opinions are even available. In sveral cases, my attorneys didnt flash me as a witness until discovery was almost over.
Spending lots of money to impeach a witnesses credibility isnt always needed and when it is, it is done with a vengeance.
You havent really "swum in the pool" because you havent presented anything under the newer Daubert rules. Before Daubert, experts were kinda free wheeling and your opinion was sought not even if it wasnt consistent with your full expertise. Like your offering an opinion as anything but an eyewitness (regarding how a victim got cut). Under DAubert, you wouldnt even be extended that opportunity because you didnt establish your credibility. SO you wouldnt be an expert , you would be an eyewitness , period .No lawyer would be so stupid as to extend questions to you by opening into an area that he didnt already know what youd say. The snide remarks are all part of the business of tearing you down if you take em personally and try to give a stand up response, you could ruin a clients case with a careless outburst of deep cleverness.
I dont think that you would make a good witness, in all honesty set. You have a habit of quickly getting passionate and oft times thats a killer on the stand. You also would have to limit your answers to only the question asked. When you and I talk, If we ask one another the question "What time is it", You have a habit of telling me how to build a watch. (NOW DONT GET PISSED , ITS AN HONEST EXAMPLE AND YOU KNOW IT).
. Im afraid that many "experts" will shop themsellves arounnd and will pre-impeach themselves by not disclosing certain things up front, and they get quickly angry when confronted. Those kinds of guys dont last long and I dont see them but once or twice. The really useful expert has a limited range of skills and these are clearly defined and the expert has a background that doesnt conflict in any way with his expertise. AND you appear dispassionate even when you may be up for a Nobel prize in an area
However, as I said, (and in no way was that conflicting). The rules of evidence also allow much more freedom to opposing counsel to challenge you and "bring you down as a witness". Most of that deep web stuff on me is investigated during my expert report prep in prepartaion for my depositions. The level of information asked when I first accept an assignment is less strict and merely prevents us from all going down the wrong path with me.
Ive backed off several assignments because , mostly, I was already on record with a conflicting opinion. Thats up to me to be perfetly honest, and that would be found out early in my assignement (AFTER the attornies even divulged who their expert is-cause they dont have to divulge your name up front).
Ive only been invloved in bout two cases a year for the last 25 plus years and some years Ive only been involved in one. Ive been involved in cases that ran on for 10 years or more and the evidence rules had changed in mid stream.(going from Frye rules to DAubert rules).
MAybe one of our attornies can shed some real light on this. MY own rules are not to forget what Ive said in the past and make sure my opinions dont conflict (Unless of course science changes).
As the original topic brought out, several of us whove been involved in cases are sensitive to what errant properties that I may present to opposing counsel that he may be able to use against me. HAving all these things like FAceBook or being regularly involved in social connections beyond stuff like A2K (which is a knowledge forum that only occasionally gets socially involved), is a potential stake in the heart to someone who regularly goes to court under contract.
I dont shop myself as an expert, I usually only get involved as an expert in cases in which Im already working on a related project (or mine site), or in the case of pollution dynamics, in cases in which Id been recomended by someone invloved in the leagl end.
I get presented many more cases in a year and I turn down most because (mostly) I have a conflict that would come up. THATS ME MAKING THE DECISION. MAny experts blithely go along and they shop themselves even in cases that their expertise is limited or if they have conflicts. Thats still not the deep stuff that would come out later when the experts opinion is intertwined ith his entire career experience.
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