Tales of the expert witness biz: Australian lawyers in an copyright infringement case, acting on behalf of the makers of the Kazaa file-sharing program, ran into trouble when the expert witness they’d hired, Keith Ross of Polytechnic U. in New York, was revealed as perhaps a bit too agreeable to their interests for their own good. “Evidence tendered showed that Professor Ross admitted he had not tested propositions Clayton Utz’s solicitors had inserted in his draft report, but accepted them anyway.” A judge discounted Ross’s testimony with scathing remarks; the law firm insists it never intended to put words in his mouth. And:
[New South Wales] Legal Services Commissioner Steve Mark said solicitors often put pressure on witnesses to come up with a particular result, and his office took a firm stand on lawyers who coached witnesses or attempted to influence their findings.
“A lawyer’s primary duty is to the court,” he said.
(Garth Montgomery, “Music copyright facts fine-tuned”, The Australian, Sept. 9).
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And here’s a million lawyers thinking their only duty is to their bank accounts…