AuthorJohn Hollander
chapter eight
  , but they take a lot of work. Ex-
perts often have their own agendas; they may want to help,
but at a price. at price includes eort, risk, and money.
Judges often mistrust them as they take up court time and
can exert more inuence than they should. On the other
hand, judges depend upon them to ll in the gaps, to help
them reach conclusions that they could not otherwise.
And consider the risks. Whereas physicians undertake
“rst, do no harm,” lawyers take no such oath. Lawyers
take risks all the time they take risks for their clients;
they make recommendations based on unknown odds of
unforeseen outcomes; they expose themselves to risk of
complaints and negligence lawsuits.
So what is so special about experts? Lawyers have to
choose the experts, except in the case of participant ex-
perts. Even then, they have to choose which participants
they will bring to the courtroom. ey must negotiate the
terms of the retainer. ey must instruct the expert with
issue descriptions they predict, based on assumptions
they hope to prove at trial. Once trial begins, they must
convert their preparation into evidence. Because lawyers

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