Sometimes You Can’t Catch A Break

What do you do if your expert (who you hired at great cost) gets disciplined by his licensing authority (like a Doctor being disciplined by the State Medical Board)?

You have 2 obvious options: 1.) Ditch the expert, and go back to square 1 or 2.) Keep the expert, and try to make the best of it. There is no obvious answer. But to make a decision the lawyer needs to determine whether the expert was disciplined for something that would call into question his veracity, moral character, or technical competence? (All three are bad). The answers to these questions are key. If “yes” then you must either find a surefire way to exclude the testimony or get another expert.

Depending on your budget, you might consider having a 2nd expert on tap anyway but too much depends on the relative qualifications of the 2nd expert v. the 1st expert v. OC’s expert to give a definitive opinion.

Note: If you do go with 1st expert, be prepared to reveal damaging information yourself rather than let them do it. When it is revealed, make sure it is clear that the bad stuff had nothing to do with his/her opinions.

Oh yeah: One thing I almost forgot: you can always settle the case.

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One Response to Sometimes You Can’t Catch A Break

  1. Hello David:

    Can disciplinary actions be used to impeach the witness?