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What constitutes a conflict of interest for an expert witness?

Generally, conflicts of interest most often arise in terms of confidentiality issues and the experts duty of loyalty. A potential conflict of interest may exist if the expert has been formerly employed by or previously hired as an expert for the opposing side.

What is expert retention?

The retention contract is one that retains the services of an expert witness for a claim in civil court or a case in criminal court. The lawyer will need to draft the contract and include many different provisions that the expert agrees to and signs voluntarily.

How do you disqualify an expert witness?

A party may seek to disqualify an expert using either a federal common-law doctrine based on an adverse experts prior relationship with that party, or by invoking the opposing partys failures to comply with discovery rules, in particular Rule 26 and Rule 35 of the Federal Rules of Civil Procedure.

What are your obligations as an expert witness?

The expert witness clarifies, explains, and provides opinions on complex matters that the average person would not typically understand. A skilled expert witness will take technical jargon and complicated situations and explain them in a way that the jurors and others can understand.