Understanding Your Right as an Expert Witness

You have the right:

1. To abide by the code of ethics of your profession.
2. To *fair* technical review of your work product.
3. To use reliable scientific, technical or professionally
based data and tests to support your conclusions and opinions. 4. To receive adequate and fair compensation for your services. 5. To assist the fact finder in reaching a just and fair
determination of the matters in dispute (Rule 702, Federal
Rules of Evidence).
6. To render your opinions based upon your knowledge,
training and experience (Rule 702, Federal Rules of Evidence) 7. In certain cases to rely on hearsay to support your
conclusions if it is usual for professionals such as you to
regularly rely on such hearsay information (Rule 703, Federal
Rules of Evidence).
8. To use relevant and reliable data gained from the
scientific method to support your opinions and conclusions
(Daubert v. Merrell Dow, 509 U.S. 579, 113 Sup. Ct. 2786,
125 L.Ed. 2d 469 (1993)).
9. To tender probative evidence if the offered material
outweighs the danger of unfair prejudice to any party
(Rule 403, Federal Rules of Evidence).
10. To be given all relevant data by engaging counsel.
11. To render unbiased professional, technical and
scientific opinions based upon your investigation and
examination of the relevant facts and data concerning the
matter presented to you.
12. To be kept informed as to new developments and new
evidence in the case which could alter your expert opinions. 13. To assume that other investigations done, upon which
you rely, were properly accomplished. (*Caution*: Remember
the root configuration of the word "assume.")
14. To unconditional engagements, that is, engagements which
are not outcome driven.
15. To have adequate time to prepare and complete the
assignments presented to you.
16. To be free of threats by attorney or client concerning
possible contempt of court or court sanction for not
answering questions presented to you.
17. To have a deposition conducted in a comfortable and
physically agreeable setting.
18. To be permitted reasonable recesses during deposition or
testimony to accommodate for fatigue and physical comfort.
19. To adequate notice of your endorsement as an expert
witness in any proceeding in which you are so denominated.
20. To have interrogatory and other written discovery
responses updated and made current by the engaging attorney. 21. To make reasonable destructive tests of evidence on
condition that adequate notice is given to the opposing
party and opposition experts are provided an opportunity
to be present during those destructive tests.
(*Caution*: Court orders may be required.)

Excerpted from Succeeding as an Expert Witness by Harold A. Feder, Esq.