May 12, 2014

In this article, Jenner & Block Partner Robert L. Byman explores how an attorney should respond after realizing that his or her expert witness has an opinion that might support the other side.  Bob examines a scenario in which an attorney has disclosed a potential trial witness – only to discover that the opponent could actually use the expert’s opinion to his or her benefit.  “Can you take it back?” he asks. “Can you stop your opponent from using your witness by saying that you no longer intend to call the witness?”  He then explains best practices and strategies for handling that situation.