Virtues of Independent Experts Honesty- avoiding deception, being candid in stating relevant facts and truthful in interpreting facts Competence- being well trained, adequately experienced in the relevant field and having relevant skills Diligence- carrying out tasks carefully and promptly Loyalty- avoiding conflicts of interest, maintaining confidentiality and concern for the interests of the client
Normative Models of Advisers Three types: Hired Guns Value Neutral Analysts Value Guided Analysts Hired Guns This is the most undesirable role that can be played by the adviser. Here the obligation to clients only is paramount and other values are not bothered about. Studies are made just conforming…
Advisers are influenced by: Large amounts of money involved Direct and overt (obvious and unconcealed) pressure applied by pro or anti-people involved in that project Hope of additional work in future Their wish to get the respect of clients
Advisers are to: Chart all realistic options Carefully assess each under different assumptions about future contingencies Act favorable to the client by basing their studies on particular assumptions about future contingencies
Their stakes are: 1. Opposing political views 2. Social perspectives 3. Economic interests 4. And their individual values like, Honesty Public trust Respect for common good
Engineers act as Advisers in Planning and Policy-Making like Economists, sociologists, urban planners, etc. In Policy-Making they advise about the Cost benefit analysis of alternate solutions for transport, housing, energy, defense, etc. In Planning they check the feasibility, risks and benefits of the specific technological projects which affect public in local communities
Engineer Experts should maintain their integrity in the face of all the above biases Courts also must rely on balance provided by expert witnesses on both sides of the case and provide opportunities to lawyers to remove the bias by cross-examination
a) Hired Gun An unscrupulous (unprincipled, crooked, immoral) engineer • Makes his living by helping lawyers to portray facts in favour of their clients • Never tries to be objective • Violates standards of honesty and care in conducting investigations • Overall a shame on engineering community b) Financial Bias The expert witness is biased to the party which…
Expert witnesses are abused in the following ways: Hired Guns Financial Bias Ego Bias Sympathy Bias
Eye Witness Is permitted to testify on observed and to some extent perceived facts. Expert Witness Is permitted to testify on facts, perceptions and interpretations of facts in the area of their expertise to comment on opponent’s expert witness’ view to report on applicable professional standards