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Your email address will not be published.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
  • lawyers
    5.0/5.0

    Alexis Cahill represented me on a personal injury case. I was hurt in A car accident and I could not be happier with the outcome Alexis was able to achieve for me. She was conscientious, answered all my questions In a timely manner, and was very eas...

    Read more

    Client

  • google
    5.0/5.0

    I reached out to Feinberg & Alban thru their website. Robert Feinberg called me back the same day. He made me feel important and very comfortable. Colleen Santora was the attorney on my case and she was fantastic! She kept me well informed through ou...

    Read more

    Vern Quashie

  • google
    5.0/5.0

    Attorney Colleen Santora, was a pleasure to work with throughout my personal injury case. She makes the process seamless for her clients and is there to answer any questions you have. She negotiated every aspect of my case and got me the settlement I...

    Read more

    Cody

  • google
    5.0/5.0

    We were very pleased with all aspects of this law firm! My husband was struck by a truck while crossing the street. We hired attorney Colleen Santora of Feinberg & Alban PC. Colleen immediately showed empathy towards my husbands condition, aside fro...

    Read more

    Cleopatra Anderson

  • google
    5.0/5.0

    Attorney Colleen Santora assisted me after a terrifying highway incident. She came to my home because I was not able to travel, and she remained compassionate, professional, and highly competent throughout my case. I would highly recommend retaining...

    Read more

    Susan Hawes

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form