What Is An Attorney Expert Witness?
As with any Attorney Expert Witness Placement that involves serving the public, attorneys are sometimes required to establish themselves in a specific area by being placed in an Attorney Expert Witness position. Such experts are required to present legal opinions on a variety of topics as part of litigation preparation and arguments before juries. While attorneys are supposed to be experts at their own law firms, it has become commonplace for them to be called upon to "testify" in the cases of others. This practice is referred to as "Placement of Attorney Expert Witnesses". It is an integral part of client/plaintiff privilege.
In most instances, when attorneys are called upon to "testify" in a case, they are typically asked to offer legal advice to the court, or to render legal interpretations of the case-related testimony. However, there are instances where expert witnesses are needed to present an opposing view to the positions the attorneys are representing. These types of expert opinions tend to become heated discussions between attorneys, but often are covered under the 'qualified immunity' rule which permits the expert to express an opinion even if the attorneys are not disputing the fact or viewpoint.
The concept of Expert Witness is relatively simple. A specialist is a person who has experience in a particular field. For instance, an electronics technician could be an expert on electronic repair. As with attorneys, experts are frequently called upon to opine in court regarding issues that touch on the technical nature of the matter in question.
In some cases, an expert witness will present a single opinion, but this is not the norm. For instance, in criminal cases, an expert witness is generally allowed to opine on only one criminal act for each set of defendants. If the expert witness fails to follow this rigid quota, he/she will be reprimanded. In civil cases, there are usually no restrictions on the number of expert opinions that may be offered in any one case. There may not be any expert witness rules that apply in your particular jurisdiction.
It is often difficult for an expert witness to provide both positive and negative opinions. Often times, the opposite is true. When an expert witness is asked to opine in a court regarding two opposing parties, they must carefully consider both sides of the argument in order to develop an accurate opinion. Sometimes, this may require the expert to take positions opposite from the parties. The goal of an expert is to provide accurate, relevant and useful information to the court so that the court can make a justifiable ruling.
Attorneys are usually very anxious to have their clients testify in court. Expert witnesses are often the deciding factor of many cases. Expert witnesses are considered to be the most important part of any legal proceedings. Whether it is child custody, divorce, personal injury, criminal law, or any other area of the law, an expert witness is absolutely critical. Without an accurate witness who can provide reliable legal information, the outcome of a case is often in jeopardy.
It is not uncommon for attorneys to attempt to contact and hire experts on their own. However, it may not always be possible to locate an expert within a reasonable time frame. If this occurs, then the attorney may contact an agency that provides these types of services. However, one should not assume that being in need of an expert witness does not automatically mean that you cannot get one.
Attorneys should never settle for less than the best. Any qualified and competent attorney can quickly find an expert who can accurately and reliably analyze the strengths and weaknesses of their client's case. The same holds true for individuals who are self-employed, or who work for a law firm as a staff. No matter who you are or where your expertise lies, there is an attorney expert witness ready and available to provide you with expert testimony that will ultimately help you win your case.
