Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

U.K. Expert Witnesses Are Happy to Spin Their Expert Reports

June 19, 2014

I'm not picking on the Brits because shopping for an expert witness willing to spin testimony or expert reports is shamefully common across the pond.

Of nine expert witnesses approached, only one refused to get involved in spinning expert reports according to a report from BBC News. It is downright depressing.

Most of the time, we find that lawyers understand integrity and they are careful to make sure we are comfortable with the language in our reports and with how we will testify. And of course we never mind being asked, "Are you comfortable stating it this way?" The answer may be yes or no, but it's a fair question to which we give an honest answer. But there are clearly "experts for hire" who are interested primarily in the fees they will charge – not telling the truth.

Every now and again, a lawyer will come to Sensei and be very open that he or she is searching for an expert who is willing to be spun. I long ago developed my response, which is to thank them for thinking of us, telling them they are in the wrong place and graciously offering to show them out. There are clients you can't afford to be involved with, no matter how fat their bank account may be.

As I am fond of noting to our testifying experts, it takes a lot of time and work to build a reputation for integrity, but you can lose that reputation in an instant.

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