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When it comes to management at law firms, management does not simply refer to case management. It is also connotes the fact that law firms are businesses. Therefore, lawyers must also manage the business aspects of the firm, including payroll, purchasing supplies, and human resources. However, most lawyers are not specifically trained to handle the business side and would prefer to stick to the legal matters.Whose Side Are Expert Witnesses On?
May an expert witness switch sides in a lawsuit? Unlike the lawyers in a case, no rule expressly stops an expert from "hopping the fence". After all, the expert's allegiance is to the truth, not to any one party, right?
How to Connect with Today's Jury
New book and podcast from West help lawyers connect in the courtroomPrepping an Expert Witness: How Far Is Too Far?
At what point does preparing an expert to testify cross over into coaching? And at what point does coaching cross the line into unethical activity? One legal scholar called witness coaching the dirty secret of the U.S. adversary system. But because lawyers prepare witnesses in private, only a handful of the most egregious cases have resulted in ethics charges.
Attorney Code of Expert Ethics Updated
In two articles published here last year, we proposed an Attorney's Code of Expert Ethics and an Expert Witness Code of Ethics. We hoped our proposals would generate discussion among attorneys and experts alike. That they did, with a number of readers posting comments and sending e-mails offering both praise and criticism for the proposals. You talked, we listened. What follows is an updated version of our proposed code for attorneys. We are also publishing a revised version of our code of ethics for experts. Both revised codes are attempts to incorporate the feedback we received from so many of you.The Ethics of Hiring Experts You Don't Plan to Use
Do lawyers ever retain experts just to lock them out from being hired by the other side? If so, is the tactic fair play in the hardball game of litigation? Or are lawyers who would do this, as one court suggested, short on scruples?
A 9th U.S. Circuit ruling on the standard of expert evidence required to certify a class action - one that resulted in approval of the largest class action in history - has come under heavy criticism -- most recently from a lower federal court within that very circuit.