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Re: BORPELS and residential room additions

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>In addition, once the expert has been engaged or given any information about
>the client's case, the expert cannot be called by the other side
Not true. Opposing counsel can subpoena anyone with substantive knowledge 
of the case including any experts called by the other side. It isn't done 
very often, because there are some possible pitfalls, but it happens.

>Thus, experts, unles they are called by the court, are never neutral.
They're not intended to be neutral. Their function is to provide an 
opinion, based on sound science and generally accepted engineering 
practice, relating to issues of technical content in which they have 
experience and training. The expert is not an advocate and in return for 
being able to qualify an answer to a question is expected to provide 
complete answers, irrespective of what either his own or opposing counsel 
tries to extract. Anyway, that's the intent. 

That said, an attorney is expected to shop around for someone with an 
opinion favorable to his client. It's up to the expert to explain the 
matter fully and the attorney can make a decision on that basis, 
including a decision not to retain an expert at all. Or to hire a whore. 
Unfortunately there are plenty to go around, since they're cut from 
pretty much the same cloth as chiselling plaintiffs or an arrogant 
defendants. 

Christopher Wright P.E.    |"They couldn't hit an elephant from
chrisw(--nospam--at)skypoint.com        | this distance"   (last words of Gen.
___________________________| John Sedgwick, Spotsylvania 1864)
http://www.skypoint.com/~chrisw