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.
Date Created: August 7, 2023