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Psychological Experts and Trial Tactics

By David A. Martindale

The truth, the whole truth, etc.

In the spirit of the traditional testimonial oath, let us begin with some unassailable truths. First: The effectiveness of retained testifying experts is either enhanced by their perceived credibility or diminished by their perceived deceptiveness. Second: Retained testifying experts who assert that neither their findings nor their opinions might be affected by biases are either fools, liars, or lying fools. Third: The type of bias concerning which retained experts are most frequently questioned is retention bias. Fourth: It is in the interest of those who retain testifying experts to take all steps that can reasonably be taken to ensure that when those experts tell the whole truth in responding to questions about payment arrangements, the responses will serve to lessen, not heighten, whatever concerns might exist regarding the role of retention bias.

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