A hired gun is an expert witness who exhibits bias in their testimony, often tailoring their opinions to align with the interests of the party that engages them. Unlike impartial experts, hired guns may prioritize pleasing the hiring party over providing objective evidence. Their eagerness to support a specific position can make them easily identifiable in legal proceedings.
The term "hired gun" is commonly used in various legal contexts, including civil, criminal, and family law cases. In these situations, parties may engage expert witnesses to provide testimony that supports their claims or defenses. Understanding the potential for bias in expert testimony is crucial, as it can significantly impact the outcome of a case. Users can manage related legal processes by utilizing US Legal Forms, which offers templates for hiring expert witnesses and preparing for court appearances.
Here are a couple of examples of abatement:
Example 1: In a personal injury case, a plaintiff hires a medical expert who provides testimony that exaggerates the severity of the injuries to support a larger compensation claim. This expert's bias may be evident in their willingness to align their findings with the plaintiff's narrative.
Example 2: In a criminal trial, a defense attorney engages a forensic psychologist to testify about the defendant's mental state. If the psychologist's opinions seem overly favorable to the defense, they may be viewed as a hired gun. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Legal Context | Potential Variations |
|---|---|---|
| California | Civil and criminal cases | Strict rules on expert witness qualifications |
| Texas | Family law | Greater scrutiny on expert testimony in custody cases |
| New York | Personal injury | Higher standards for expert admissibility |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Expert Witness | A qualified individual who provides testimony based on their expertise. | Expert witnesses can be impartial; hired guns are typically biased. |
| Consulting Expert | An expert who provides advice but does not testify in court. | Consulting experts may not be subject to the same scrutiny as hired guns. |
If you are involved in a legal case where expert testimony is relevant, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
| Attribute | Details |
|---|---|
| Common Use | Civil and criminal cases |
| Potential Bias | High, due to alignment with hiring party |
| Identification | Can be recognized by eagerness to support a specific viewpoint |