Ethics of Experts

An expert witness does not have an attorney-client relationship with the lawyer or client who retains her, according to a recent ethics opinion of the Legal Ethics Committee of the District of Columbia Bar. Thus, conflict of interest provisions do not apply to experts except to the extent that the retention may affect loyalty to existing clients of the expert. The nature of the relationship must be made clear to the client of the lawyer who has hired the expert. (Mike Frisch)