Reconceptualizing the Expert Witness: Social Costs, Current Controls and Proposed Responses

Abstract

The underlying thesis of this Article is that much of the conduct of experts and the distrust to which it gives rise can be traced to the fact that the expert witness system is treated differently than other businesses. In fact, expert witnesses completely escape many of the controlling effects of contract and tort law. Yet there is no reason to believe that those who sell expert testimony are any less responsive to revenues, costs, and market demand than other businesses.

Keywords: costs, expert witness, ethics, liability

JEL Classification: K30