Role of Psychiatric Expert Witness
There is a lot of confusion that arises when it comes to the purpose of an expert witness. In this article, we discuss the role of the psychiatric expert witness.
There is a massive amount of confusion when it comes to the role of any expert witness in litigation. The common view is the expert is on the side of the party that retains them and should provide opinions in line with the positions taken by said party. This is utterly incorrect.
The image of the hired gun expert is simply and frankly a wrong one. Why? An expert is supposed to provide an independent, unbiased opinion based on the evidence presented to him or her. The expert is not supposed to take the position the attorney in question wants them to, only what the evidence shows.
If an expert parrots the views of the attorney in the case, the trial can be an utter disaster. A good opposing attorney will pick up on a sham opinion immediately. In cross examination, the attorney will be able to point out clearly to a jury that the expert’s opinion is not supported by the evidence or the prevailing views in the expert’s field. Nothing hurts a case more than watching your expert go up in flames.
So, does the expert sit in an ivory tower? Of course, not. An attorney and expert can discuss the opinion and develop points where the expert is willing to testify to certain finding they are comfortable with and other areas where he or she is not willing to go into. The key is to get the best testimony to support the case without going to far. This is ultimately the role of the psychiatric expert witness.