ABSTRACT
Expert witnessing provides full-time employment. For others, it provides supplemental income. In either case, an expert will need to consider a variety of issues associated with the business of expert witnessing. The concept of witness immunity originated in English common law to encourage open and honest testimony without fear of reprisals or subsequent lawsuit based on the testimony provided. Certain mechanisms built into the legal system ensure honest and accurate expert testimony; however, the effectiveness of these mechanisms is suspect in light of the nature of expert testimony in current tort litigation. The first and most obvious of the systemic mechanisms is cross-examination. The potential liability for negligent expert testimony raises the fundamental question of the best way to conduct business as an expert witness. Generally speaking, the risk of potential liability leads most businesses to operate as a separate entity from the principals involved.
