VII. Conclusion

• Library: Professional Responsibility in Litigation (ABA) (2016 Ed.)

VII. Conclusion

Trial lawyers and courts alike recognize that some cases simply cannot be tried without the assistance of expert witnesses. As the Missouri Supreme Court has observed, experts "[o]ften . . . play as great a role in the organization and shaping and evaluation of their client's case as do the lawyers."²⁷⁹ Courts have responded to the proliferation of expert testimony by increasing their efforts to preclude unqualified experts from testifying and to prevent unreliable expert testimony from misleading juries. These efforts have been critical and the issues important. But they are not the only issues involving expert testimony that merit judicial attention. Another important remaining issue relates to expert conflicts of interest.

Expert witness conflicts threaten parties and their counsel and may keep courts and jurors from hearing important testimony. The most troubling...