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'Hidden' Trial Expert Payment Stumble An Ethics Oddity

Law360 (May 4, 2018, 6:30 PM EDT) -- Trial luminary Mark Lanier calls himself an “expert storyteller,” but legal ethics specialists say he veered off-script and into a rare kind of conduct trouble zone when he didn’t disclose his financial dealings with experts in a bellwether trial against Johnson & Johnson.

While opposing counsels and judges expect some gamesmanship as lawyers shop for experts with favorable opinions and “massage” their jury narrative, playing hide-and-seek with how much — or whether — experts are being paid is clearly outside the lines of fair play. Late...
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