ETHICAL PRINCIPLES FOR EXPERT WITNESSES: PROFESSIONALISM, VALIDITY AND INDEPENDENCE
In the ever-evolving world of litigation, the expert witness plays a critical role in helping courts decipher complex information, often influencing the outcome of high-stakes cases. That influence comes with responsibility: ethical lapses can compromise fairness and erode trust in the legal system. The core principles of professionalism, validity and independence apply regardless of an expert’s discipline.
Today, many professionals, especially those new to the role of expert witness, lack a comprehensive guide to the ethical standards they must uphold.
Neil J. Wertlieb’s article, Ethics Issues in the Use of Expert Witnesses, which focuses on ethical issues of attorneys retaining or serving as expert witnesses, provides the clarity this field needs. Mr Wertlieb draws upon his experience as a transactional attorney and expert witness to summarise standards applicable to attorneys engaging experts. His treatment of topics such as contingency fees, the discoverability of expert communications, and the distinction between consulting and testifying experts offers both nuance and practical insight.
This article is written in that same spirit of service. It aims to extend Mr Wertlieb’s work by distilling those insights into actionable ethical guidance for all expert witnesses – lawyers and non-lawyers alike. We have organised our insights into three categories: professionalism, validity and independence.
Professionalism
Above all, expert witnesses are grounded in the ethics of their own professions. Every profession abides by a set of standards determined by its members. For example, there are codes in the fields of law, technology, finance and health.
Jul-Sep 2025 Issue
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