Disturbances persist at the disbarment trial of John Eastman as a California State Bar judge admonishes Eastman’s attorney. The attorney’s continued efforts to qualify a witness as an expert, despite previous refusals, led to the rebuke. Highlighting this as a breach of a fundamental rule, the judge emphasized that Eastman should not expect any “special treatment” during his trial.
Unfortunately, Eastman’s lawyer’s attempts mirror a common struggle all attorneys face when trying to have a witness recognized as an expert. Notably, the process requires substantial forethought and consideration. Under the Federal Rule of Evidence 702, a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion if such expert testimony will assist the trier of fact understand the evidence or determine a fact in issue. Therefore, mere desire or strategy cannot solidify someone’s standing as a professional witness.
As lawyers, we recognize the gravity of establishing a witness as an expert, for it often directly impacts case outcomes. Consequently, rigor and adherence to existing rules and guidelines must be upheld when presenting a potential expert witness. Despite the prestige or potent defense strategy that a respected expert witness could add to a case, every attorney must abide by the tenets laid out by our justice system.
The ongoing trial of John Eastman and this recent incident serve as a stark reminder of our primary duty as legal professionals – to respect and adhere to the principles of the law while performing our roles to the highest ethical standards.
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Law360’s coverage of Eastman’s trial proceedings.