Responsibilities of the Testifying Expert

By agreeing to be an expert witness in a forensic engineering project, the engineer inherently assumes particular responsibilities. These responsibilities can mostly be defined by consideration to the ASCE Code of Ethics. Primary among the canons of the Code of Ethics is to hold paramount the health, safety, and welfare of the public. This entails not becoming an advocate for one’s client, but to be an advocate for the well-being of the public. In some cases, the expert may feel conflicted by the need to criticize the work of other engineers. The manner in which the expert must handle that situation will be dictated by consideration of the canons of the code of ethics. This paper presents case histories to demonstrate examples of both good and bad conduct by experts not only in testimony but also in engineering practice. In presenting the issues raised by the case histories, the paper attempts to raise the issue of the definition of Standard of Care as opposed to the Standard of Practice. This has frequently been a contentious issue, and continues to be so. However, it is an issue that must be kept in the forefront of expert testimony. The paper discusses this issue in the context of the Canons of the Code of Ethics.