Why Daubert and Frye Standards Matter to Expert Witnesses
Whether a jurisdiction applies Daubert, Frye, or another standard, the ultimate question for an expert or claims professional, is whether their retained expert's testimony will be admissible in court.
Understanding the "ins and outs" of Daubert and Frye is second nature for attorneys, but for an expert or claims professional, fully understanding these standards can be a different story. And moreover, a lack of familiarity with these standards can not only prove to be problematic for experts, but also, and potentially more so, to the client.
The responsibility (or Standard of Care) to provide expert opinions and testimony lies with one person: the expert.
If operating outside of this mindset, experts might find themselves labeled a "hired gun," continuing the "because I said so" mentality instead of allowing only the most qualified experts to provide testimony. Experts that garner the most respect and trustworthiness in their respective industries are those that recognize their strengths, weaknesses, and most importantly, are transparent to these attributes. These experts are the most effective as they stay within their 'sandbox', elevating expert witnesses collectively as a group and as a profession.
- What each method means and what states require which standard.
- Why experts need to qualify themselves for a case.
- How experts can end the "hired gun" mentality
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