Content area
Full Text
"Gentlemen of the jury, there are three kinds of liars: the common liar, the damned liar, and the scientific expert. "
INTRODUCTION An expert is an individual who was not present when the "incident" occurred, but for a healthy fee will happily imagine what it was like and how it happened.2 In today's litigation, expert witness testimony plays a crucial role.3 Because of experts' important role in successful litigation,4 attorneys actively "shop" for those willing to support their causes even at exorbitant prices.6 Today, criticism of expert witnesses is widespread throughout the legal community.7 One can find and hire an expert to testify on virtually any topic,8 and even simple lawsuits often involve the testimony of an expert witness.9 As a result, questions surface regarding the impartiality of expert testimony,' and concerns arise about the potential for ethical misconduct."
Part I of this Note will explore the rules that govern expert testimony at trial. The Federal Rules of Evidence and the Supreme Court have prescribed the methods by which experts appear at trial, and this Note will discuss how these rules influence the ethics of testifying experts. Part II will offer an overview of the professional ethical standards that concern experts at trial. Legal ethics guidelines restrict the attorneys who hire the experts, but the experts themselves are bound by their own particular professional organizations. Guidelines promulgated by professional organizations are vague and broad and do little to enforce ethical conduct by experts. Finally, Part III will propose the creation of an organization to assist trial courts in obtaining unbiased, reliable, and valid expert witness testimony.
I. EXPERT TIMoNY UNDER THE RuLEs A. THE FEDERAL RULES OF EVIDENCE In 1975, the Federal Rules of Evidence were adopted to promote the "growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined." 12 Although experts are sometimes called mercenaries, prostitutes, hired guns, or witnesses whose opinions are sold to the highest bidder,"3 the Federal Rules of Evidence Rules 702 through 705 reflect a liberal standard in favor of the admissibility of expert testimony. 14 These rules provide the framework by which every expert appears at trial and testifies before the trier of fact.
Rule...