Hired Gun
Definition
An expert who tailors opinions to advance the case of the party paying them rather than giving an independent assessment. The term describes a failure of the duty to the court and is the main ethical risk in adversarial expert evidence.
- Definition
- Expert who tailors opinions to favour the paying party
- Root cause
- Loyalty to the retaining party over independent assessment
- Breach
- Duty to the court, not to either side
- Context
- Adversarial expert evidence systems
Common questions
How do courts try to identify or discourage hired-gun behaviour in expert witnesses?+
Many jurisdictions require experts to sign a declaration affirming their overriding duty is to the court, disclose their instructions and fee arrangements, and submit to cross-examination and joint expert conferences, all aimed at surfacing bias before it shapes the outcome.
Is being paid by one side in a case enough to make an expert a hired gun?+
No. Payment by a party is normal and expected in adversarial litigation. The term applies specifically when the expert shifts their actual scientific opinion to favour the paying side, not merely to an expert who is compensated for their time while still giving an independent assessment.
Related terms
- Adversarial System
- A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker....
- Beyond Reasonable Doubt
- The criminal standard of proof in adversarial jurisdictions including England and Wales, the United States, and India. The factfinder must be sure...
- Burden of Proof
- The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant...
- Duty to the Court
- The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...