Communication & Client Relations Flashcards

When a retaining attorney instructs a forensic expert to withhold a finding that damages the client's case, the expert's ethical obligation is to:

Answer: Include the finding in the report and explain its significance objectively

A forensic expert must include all material findings regardless of their impact on the retaining party's case; selectively omitting evidence violates the expert's duty to the court.

The concept of 'role morality' in forensic medicine suggests that:

Answer: Forensic experts must maintain consistent ethical standards regardless of which party retains them

Forensic medicine ethics require consistent, impartial standards independent of which party retains the expert; 'role morality' does not justify partisan deviation from professional obligations.

During a pre-testimony conference, retaining counsel asks the forensic expert to 'soften' an opinion favorable to the defense. The expert should:

Answer: Decline if the change would make the opinion scientifically inaccurate

Witness preparation is appropriate, but altering opinions to be scientifically inaccurate at the attorney's request crosses the line into unethical advocacy.

A forensic consultant is retained early in a case before litigation is filed. Confidentiality obligations at this stage are governed primarily by:

Answer: The retaining agreement and applicable attorney-client or work product protections

Pre-litigation forensic consultation is typically governed by the retaining agreement and may be protected under attorney work product doctrine if retained in anticipation of litigation.

A forensic physician receives a call from a journalist requesting comment on a high-profile case in which they served as an expert. The appropriate response is to:

Answer: Decline to comment and refer the journalist to retaining counsel

Forensic experts should not make public statements about active cases without counsel's authorization, as doing so can prejudice proceedings and violate confidentiality obligations.

The 'Daubert standard' most directly affects forensic expert communication by requiring that opinions be based on:

Answer: Scientifically valid methodology that has been tested and peer reviewed

Daubert requires courts to act as gatekeepers ensuring expert testimony rests on reliable, scientifically valid methodology—not merely ipse dixit assertions.

When retained as a non-testifying consultant, a forensic physician's work is MOST protected from opposing discovery by:

Answer: Attorney work product doctrine

Non-testifying consultants retained in anticipation of litigation typically have their work protected by attorney work product doctrine, shielding it from most discovery requests.