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36/3334–6FE Reference Handbook 10.4 · Ethics · Expert testimony
1. Hold Paramount Public Safety2. Licensure & Responsible Charge3. Contracts & Conflicts of Interest4. Practice Only in Areas of Competence5. Confidentiality of Client and Employer Information6. Bribes and Gifts7. Reporting Unethical Practice8. Sealing Only Work Under Responsible Charge9. Public Welfare Over Employer Interest10. Truthful Public Statements11. Environmental Stewardship12. Continuing Education / Maintain Competence13. Duty Priority When Interests Conflict14. Expert Witness Duties15. Competitive Bidding for Professional Services16. Intellectual Property and Confidentiality17. Standard of Care and Professional Liability18. Sustainability and Stewardship

Handbook formula

Expert Witness Duties

An engineer serving as an expert witness must not be an advocate for the hiring lawyer's verdict. Opinions must be based on adequate knowledge, honest conviction, and stated assumptions. Do not take a contingent fee tied to the outcome of litigation. Distinguish facts, opinions, and the limits of your expertise.

Based on facts, analysis, and competence
Not contingent on the legal outcome

Step-by-step solved example

Counsel offers a PE 10% of any jury award if the PE will testify that a bridge was 'defective.' The PE has not seen the drawings. Ethical?

  1. 1. Contingent fee

    Outcome-based expert fees destroy independence. Refuse.

  2. 2. Competence / data

    No testimony without reviewing the documents and staying within expertise. An unsupported conclusion is false or misleading.

Answer: Refuse the contingent fee and refuse to testify without a competent review.

10 practice questions

0/10 correct

1.An expert PE in court should be

2.Contingent expert fees (percent of the award) are

3.If a question is outside your discipline you should

4.Assumptions in an expert report should be

5.Changing a technical opinion solely because the client dislikes it is

6.You may use another PE's sealed report as yours only if

7.Ex parte conversations with the judge about the merits are

8.An expert may ethically

9.If new facts after you testified would change your opinion you should

10.The audience of expert testimony is