Trial Consulting and Conflicts of Interest: An Introduction

Abstract

Stolle and Studebaker begin with the observation that when social scientists enter the world of trial consulting, they also enter the highly regulated world of lawyers and courts and they are held to a similar high standard of conduct that applies to the lawyers whom they serve. Stolle and Studebaker focus on conflict of interest rules that likely apply to trial consultants, as well as work-product doctrine, and attorney client privilege. The chapter continues with a series of hypothetical scenarios that apply the rules to common situations that attorneys and their consultants may face in their professional capacities. The chapter ends with some discussion of the negligence liability that trial consultants who violate some of the strict rules of attorney conduct could come up against.