A recent article, “Taking the Stand” written by Dan Charles and published online and in Science, Vol 383, Issue 6686 delved into the issue of scientists and academics going to court as an expert witness and the risks and rewards that it can bring to the expert. When the stakes are high, and science is crucial, lawyers rely on scientists and academics to serve as the expert witness.
Academics who have served as expert witnesses have said the experiences to testify can be tough. In the article, Lorelei Mucci, a professor of epidemiology at Harvard University’s T.H. Chan School of Public Health stated that her experience on the witness stand was “one of the most challenging things I’ve experienced in my professional life.” At times expert witnesses can run into problems with their university as well as potentially preventing experts from serving on government advisory panels because of concerns about conflicts of interest.
Some expert witnesses find the experience to be professionally rewarding to see the real-world implications of their work. Expert witnesses are often well paid for their expertise on the subject matter being argued in court as their testimony can sway a decision by a jury that could present millions if not billions of dollars in damages.
The article further mentions changes to a key federal rule on expert testimony. Federal Rule of Evidence 702,regarding expert testimony, was amended and changes took effect in December 2023, which emphasized the “court’s gatekeeping role”. The amendments set out to “1) address the standard of proof – making clear that it is the proponent who has the burden to establish admissibility of the expert by a preponderance of the evidence (“more likely than not”); and 2) course correct on how courts assess issues that go to weight versus admissibility,” (Westlaw Today). An expert’s conclusion or opinion is the critical piece that is presented to the jury and the court and the Rule “does not permit the expert to make claims that are unsupported by the expert’s basis and methodology,” (Final Amendments to the Federal Rules of Evidence (December 1, 2023).
Click here to read the full article “Taking the Stand” by Dan Charles.
March 18, 2024