Judd Robbins

Ethical Factors for an Expert Witness



Posted: Friday, November 05, 2010

by Judd Robbins
Presentation Dynamics

Most of us know wrong from right. At least, we understand standard societal norms, and that punishments exist for doing things that are wrong. Punishments for unethical conduct as an expert witness can contain jail time or fines. Less severe ethical breaches can lead to inadmissible testimony, the loss of your reputation, and the loss of future jobs.

If the side that hired you represents the proverbial bad guy,' then your work may help the wrong side, at least from an ethical or moral perspective. You may feel better about helping the right side, but your investigations and analyses should remain the same regardless of the side you represent. Your goal is to determine the pluses and minuses that you learn from your tests or research and inform your retaining attorney. Your investigations and analyses should help guide the attorneys who selected you toward better legal decisions. Let them decide the best way to use your findings.

Frequently, you will not know whose side in a case has more merit until you've reviewed the documents and can come to firm opinions about what has happened. sometimes, you'll discover that defendants have lied to their attorney. sometimes, you may discover that a District Attorney has based his prosecution on evidence that a police investigator has misrepresented. In both scenarios, objectively analyzing the technical evidence will enable you to set the attorneys right. In the preliminary phases of the case, your work can help to guide the attorney. Later in the case, your work can help the court to reach a just verdict.

You must be aware of these ethical issues in your dealings with Lawyers and the legal system. The more quickly you recognize ethical pressures, the easier it will be to resist them and become a better expert witness.
Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. He has testified in State and Federal courts and has been featured as a testifying computer forensics expert on MSNBC, Court TV, and Tech TV. His cases range widely from intellectual property infringement to murder. He has been a best-selling author of more than 30 training and computer books and has created more than 25 training DVDs and videos. In 2010, his book "Expert Witness Training" was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com

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