Ethics Ruling OK’s Lawyer as Expert

Here’s a twist on the expert witness rules — Findlaw has an interesting article on ethics issues raised by lawyers serving as expert witnesses:

When a lawyer testifies as an expert witness on a party’s behalf, is an attorney-client relationship created? [...] The lawyer would have to serve as an objective witness and even provide opinions adverse to the party that calls her “if frankness so dictates,” the panel said.

Further, the lawyer as an expert would be subject to deposition by the opposing party, where any communications between the expert, the retaining law firm, and the client would generally be discoverable.

The panel decides no, there is no attorney-client relationship created, but:

…a lawyer serving as an expert witness remains subject to the rules that govern lawyers generally. The lawyer could not, for example, testify falsely. Further, she could not take on a new client in a matter adverse to the party for whom she is serving as an expert.

(Emphasis added.)