Code of Ethics for Expert Witnesses...

I. Expert Impartiality

A. An expert witness shall at all times serve with independence and objectivity,
without regard to the consequences to the client.

B. An expert witness shall impartially assist the court on relevant matters within the expert's area of expertise.

C. An expert should fully cooperate with retaining counsel, but shall remain independent and professional and not become the client's advocate.

D. An expert witness shall present a complete and unbiased picture of the research relevant to the case and to the expert's opinions.

II. Confidentiality

A. An expert witness shall strive to understand the rules of confidentiality applicable to the case and jurisdiction in which the expert is retained.

B. An expert witness should assume that all communications with the client or with retaining counsel may be subject to disclosure through discovery and testimony, unless instructed otherwise by retaining counsel.

III. Fees

A. An expert witness shall be entitled to fair reimbursement for all work performed. An expert may charge fees based on hourly billing and may charge a flat fee provided it is based on the reasonable value of the work.

B. An expert witness shall neither contract for nor accept a fee that is contingent on case outcome.

C. An expert may ethically charge a nonrefundable retainer in cases where the expert may be precluded from accepting other clients.

D. An expert witness shall remain free from any financial inducements that might interfere with the ability to testify truthfully and impartially. more