Expert Evidence: The Ethical Responsibility of the Legal Profession
AbstractThe author examines the ethical obligations of the legal profession in using expert evidence. The author surveys developments in Canadian and U.S. jurisprudence, procedural and substantive issues, and law reform initiatives on the admissibility and use of expert evidence in civil and criminal litigation. She proposes a "tripartite framework" to address the use of expert evidence: by strengthening professional codes of conduct to address ethical obligations in using experts; by emphasizing lawyers' obligations to improve the justice system; and by clarifying the criteria for admitting expert evidence.
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