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Your email address will not be published.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

    I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...

    Read more

    Anne O'Leary

  • google
    5.0/5.0

    Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...

    Read more

    Branden B.

  • google
    5.0/5.0

    My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results

    Read more

    Jane sungurov

  • google
    5.0/5.0

    I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...

    Read more

    Rena Sikarova

  • google
    5.0/5.0

    Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...

    Read more

    Rose M

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form