Expert Witnesses Must understand the Meaning of 'Privilege' in the United States
Expert Witnesses Must understand the Meaning of 'Privilege' in the United States
Generally, you should know the meaning of 'privilege' in the United States. Privilege protects conversations between attorneys and their clients. Attorney-client privilege' exists in the law to foster open communication between clients and their attorneys. Because neither the attorney nor the client has to reveal the content of their discussions to the other side, they can both feel freer to have honest discussions with each other. You, on the other hand, are not a client so what you say or write to your retaining attorney about a case does not have this protection under the law.
The laws on privilege vary among the states, and at times may even vary between state and federal courts. When an attorney retains you, you should have a discussion about privilege. You have to know privilege fully as it covers communications, both written and oral, between you and the attorney. You do not want to become a liability to your attorney or his client when an opposing attorney asks you about what you knew, know, or said.
Attorneys may hire you as an expert to help them in either civil or criminal cases; the rules of law differ. Ask the attorney retaining you to describe the laws involved and how your opinion and work will tie in to any on point law. Criminal cases often end in a jail term, while civil cases frequently end with a financial judgment. an expert witness serves the same part of objective expert in both styles of case. You have to analyze and describe facts in such a way that you help the lawyers to do their job and help the court to determine the final verdict.
In contrast to an expert witness, a lay witness' or fact witness' is any individual who actually testifies and who has firsthand knowledge of events from directly seeing or hearing them. As the expert witness, you will look at material, interview individuals or reconstruct events, and then testify about what likely occurred.
Your expertise, combined with careful and methodical work, qualifies you to present an opinion about an event that happened when you weren't even there. The court does not have to accept or believe what you say. You must convince the jurors or the judge of the believability of what you say because of your expertise and workmanship.
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Expert Witnesses Must understand the Meaning of 'Privilege' in the United States Rosemead