Exciting new series on “Voice, Body and Movement for Lawyers – How to connect with the jury and find Justice Through Dramatic Technique!”
Click here to find out moreExperts are used in most cases that go to trial. The retention of a consulting or testifying expert and the presentation of expert testimony at trial, however, present a host of ethical issues that many lawyers fail to consider. Join Irene Fiorentinos and Bill Dolan as they analyze the relevant rules of professionalism and conflicts and discuss the real world ethical issues and dilemmas that an attorney faces when navigating the selection and retention of experts and the presentation of expert testimony. Ethics authorities covered include, for example: the lawyer's threshold ethical duties of competence under Model Rule of Professional Conduct 1.1 and what it means when retaining an expert; the standards of care associated with expert selection; the identification and avoidance of conflicts when hiring experts; the interplay between rules governing attorney conflicts (e.g., Model Rules 1.7 to 1.9) and the distinct challenges posed with experts; and cases from around the nation such as Erickson v. Newmar Corp., 87 F.3d 298 (9th Cir. 1996) and Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., Civil No. 3:10cv60(JBA) (D. Conn. Dec. 30, 2011), that address attorney or firm disqualification based upon their retention of certain experts.
