salto mortale

Tuesday, August 12, 2008

What can you say when you're a whore?

Here's an interesting article on the highest paid whores in the USA: expert witnesses. As a plaintiff's attorney, I've dealt with plenty of them. I've paid them to be my whore, and I've had to fight against the other side's whores. It is a weird system of "justice." Evidently it is somewhat unique to our great land:

In most of the rest of the world, expert witnesses are selected by judges and are meant to be neutral and independent. Many foreign lawyers have long questioned the American practice of allowing the parties to present testimony from experts they have chosen and paid.
The European judge who visits the United States experiences “something bordering on disbelief when he discovers that we extend the sphere of partisan control to the selection and preparation of experts,” John H. Langbein, a law professor at Yale, wrote in a classic article in The University of Chicago Law Review more than 20 years ago.
...

American lawyers often interview many potential expert witnesses in search of ones who will bolster their case and then work closely with them in framing their testimony to be accessible and helpful. At a minimum, the process results in carefully tailored testimony. Some critics say it can also produce bias and ethical compromises.
“To put it bluntly, in many professions, service as an expert witness is not considered honest work,” Samuel R. Gross, a law professor at the University of Michigan, wrote in the Wisconsin Law Review. “The contempt of lawyers and judges for experts is famous. They regularly describe expert witnesses as prostitutes.”


Melvin Belli, the famed trial lawyer, endorsed this view. “If I got myself an impartial witness,” he once said, “I’d think I was wasting my money.”

My favorite part of the article is the guy that ruins his career in whoring by allowing this to be put in print:

Dr. Leonard Welsh, the psychologist who testified for the state, said he sometimes found his work compromising.

“After you come out of court,” Dr. Welsh said, “you feel like you need a shower. They’re asking you to be certain of things you can’t be certain of.”

I have a feeling Dr. Welsh's next cross-examination is not going to go well.



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