News & Publications

Apr 07, 2022 Gary J. Wax
Experts: Can’t Live With Them, Can’t Live Without Them—Gary Wax’s article on limiting expert testimony

Numerous legal scholars have written about the so-called “CSI Effect.”  The term was originally coined to describe what can happen to jurors who regularly watch crime investigation shows like CSI: Crime Scene Investigation, Law & Order, and 48 Hours.  These jurors may place an undue emphasis on expert testimony and expect to hear detailed expert opinions regarding every disputed fact—even in civil trials.

Deciding whether to call an expert is not always easy.  On one hand, if the defendant presents no expert to counter the plaintiff’s, the defendant’s case may appear weaker to a jury because it lacks apparent “expertise” on the plaintiff’s side.  On the other hand, counsel run the risk of turning a simple dispute into a costly, complex “battle of the experts.”

Gary’s article—newly published in the Spring 2022 ABTL Report—provides tips to litigators on how to use all available tools to limit the other sides’ experts.

To read the article Experts: Can’t Live With Them, Can’t Live Without Them, click HERE