expert witness, due diligence, new york

An expert with a well-founded opinion that will help a litigator’s case may turn out to be counterproductive if that expert has invented an educational qualification, has been disqualified from testifying, or who has experienced personal turmoil in his life in an area related to his expertise that would be embarrassing if the other side were to ask about it in front of a jury (e.g. an expert on domestic violence who himself was recently accused of domestic violence).

Litigators place a tremendous amount of trust in the opinions of experts, and many resources exist to collect previous expert testimony of a particular person. The gap in research comes in the personal life of the expert.

Charles Griffin has been hired to conduct background research on experts both by the side that has hired them and by the attorneys looking for weak spots in the opposing side’s expert work. We have noticed that experts with potential problems on their resumes (and items left off their resumes) are common, even among experts with a long history of testifying in depositions and at trial.

We have written about experts on our blog, The Ethical Investigator, here and here.