Search Site
Menu

The Paper Trail – A Helpful Trail

When United States Supreme Court nominees testify before the Senate at their confirmation hearings the press is always talking about ‘the paper trail’. What did the nominee write either as an academic or jurist and what does that tell us about how he/she will rule? It has often been said that a candidate is better off without a paper trail. In that way, there is less material to impeach the witness.

It is not all that different in the case of expert cross-examination. Experts have published and/or rendered opinions on a whole host of areas and in a whole host of forums. That material is discoverable. That material can form the basis of very effective cross-examination, for if the expert took a different opinion in prior testimony that is a very significant fact for a jury to hear. As I discussed in a recent blog on expert witnesses and their compensation, judges afford cross-examiners wide latitude on the payment that an expert receives for testifying, and not just for the case at hand. Consequently, if an expert has contradicted himself, what better way to suggest that the opinion, now 180 degree opposite from what it was in a previous case, is the product of financial motive.

With the advent of the internet and with the willingness of lawyers and others to share information there is a fertile ground to uncover a paper trail.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Choosing Feinberg & Alban was probably one of the best decisions I ever took. Robert Feinberg and Perry Feinberg are amazing in their professionalism as well as in compassion. Perry was the lead attorney for me. He was always responsive to any questi...

    Read more

    Raja Bhattacharyya

  • google
    5.0/5.0

    I would like to express my gratitude to Feinberg & Alban PC. They are great people and professionals. If you need an attorney these are your guys. Thank you so much! Tatiana

    Read more

    Tatiana Andreeva

  • google
    5.0/5.0

    It was unbelievable!! I got into a motorcycle accident didn’t remember a thing when I woke up I was in the hospital and very terrified I thought to myself I think I need a lawyer I started looking online and I came across this law firm let me tel...

    Read more

    Vin Loco

  • google
    5.0/5.0

    Colleen Santora helped immensely in every step along the way of my fight against the insurance company regarding my property damage and injuries sustained. I'm grateful and would recommend Colleen to anyone! Thanks

    Read more

    DatDude Lex

  • google
    5.0/5.0

    When I was in a car accident, my husband and I searched for a good injury lawyer to represent me After talking to several law firms, we found Feinberg & Alban. The moment we finished talking with Robert and Perry Feinberg, both my husband and I immed...

    Read more

    Jayashree Banerjee

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form