Advocate expert
Definition
An expert who argues a position in the interests of the retaining party rather than providing an objective assessment. Considered unethical in jurisdictions where expert witnesses owe a duty to the court above their duty to the instructing party.
- Core problem
- Shapes opinions to favour the retaining party instead of giving independent opinions
- Court response
- Quickly identified, with permanent damage to credibility
- Ethical violation
- Considered unethical in jurisdictions where expert witnesses owe a duty to the court above their duty to the instructing party
Common questions
What makes an advocate expert different from a regular expert witness?+
An advocate expert shapes their opinions to favour the side that hired them rather than providing independent analysis. Regular expert witnesses aim for objectivity, while advocate experts prioritize their client's interests.
Why is being an advocate expert a problem in court?+
Courts and opposing counsel spot these biased witnesses quickly and permanently damage their credibility. In many jurisdictions, expert witnesses owe a duty to the court above their duty to the party that hired them, making advocacy unethical.
What's the difference between arguing a position and giving an objective assessment?+
Arguing a position means advocating for what your client wants to prove. An objective assessment means honestly examining the evidence, even if it goes against your client's interests. The second approach is what courts expect.
Related terms
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- Cross-examination
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- Direct examination
- Questioning of a witness by the attorney who called them. Usually structured to build a logical narrative: credentials, examination process, findings, interpretation.
- Dual-use dilemma
- The situation where the same data or method that helps forensic scientists identify illegal trade could also help traffickers design around the...
- Expert witness
- A person with specialised knowledge or skill who is permitted to give opinion evidence to a court, as distinct from a witness...
- Impartiality
- The obligation of a forensic expert to present findings honestly regardless of which party benefits. Impartiality does not mean ignoring the context...
- Lay witness
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- Neutral expert (court's expert)
- An expert whose primary duty is to assist the court with scientific matters, regardless of who is paying. In several jurisdictions, this...
- SWFS code of ethics
- The Society for Wildlife Forensic Science's professional conduct rules, requiring honesty, transparency about limitations, impartiality, refusal of inappropriate pressure, and separation of...
- Voir dire
- A pre-trial hearing at which the court evaluates the admissibility and qualifications of an expert witness. In Daubert jurisdictions the judge assesses...
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