U.S. flag

An official website of the United States government, Department of Justice.

Democrats have shut down the government. Department of Justice websites are not currently regularly updated. Please refer to the Department of Justice’s contingency plan for more information.

Law 101: Legal Guide for the Forensic Expert

Examples of Abuses by Experts

  • Selling the report to the other side after the first side decided not to retain the expert.

  • Failing to update or keep current the expert's interrogatory responses.

  • Failing to disclose all opinions intended to be rendered and required by pretrial order.

  • Withholding information obtained during the expert's investigation of the case.

  • Destroying evidence during testing (spoliation).

  • Volunteering to testify as a "consulting" expert against the side retaining the original expert.

  • Switching allegiance and testifying on behalf of the other side.

  • Tendering false credentials.

  • Rendering a false opinion or report.

  • Tendering an opinion based on "vast experience" only, without doing any scientific, technical or professional investigation.

  • Being argumentative and telling examining attorney that he is "wrong" or "stupid."

  • Generating a long, rambling preamble to every answer.

  • Accepting an assignment involving disclosure of confidential information received from the opposite party in an earlier matter.

Back Forward