Here’s a good article on the American practice of allowing litigants to hire their own experts. Each expert advocates a position favorable to “their” side often rendering the dueling experts’ opinions of limited usefulness to the jury. Other countries implement different mechanisms for engaging expert testimony including having the judge select the expert. That sounds less partisan and cheaper, too. (“In U.S., Expert Witnesses Are Partisan”, The New York Times, Aug. 11).
And, I’m reminded of Ron Coleman’s post where he quotes an article describing hired experts as “witnesses having other rational explanations”. (Try the acronym and you’ll get it).