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Attorneys' Requests for Complete Tax Records from Opposing Expert Witnesses: Some Approaches to the Problem

Dr. Gutheil is Professor of Psychiatry and Co-Founder, Program in Psychiatry and the Law, BIDMC Department of Psychiatry, Harvard Medical School, Boston, MA. Dr. Simon is Clinical Professor of Psychiatry and Director, Program in Psychiatry and Law, Georgetown University School of Medicine, Washington, DC. Mr. Simpson is with the law firm of Simpson and Stacy, Frisco, TX. Address correspondence to: Thomas G. Gutheil, MD, 6 Wellman Street, Brookline, MA 02446. E-mail: gutheiltg{at}cs.com

As part of an impeachment attempt on cross-examination of opposing expert witnesses in trial or deposition, the cross-examining attorney may request the complete tax records of the expert. It is widely believed that expert witnesses may be expected to express opinions that favor the parties who engage them and who pay their fees. Theoretically, the purpose of this request is an attempt to paint the expert as a "hired gun" whose major source of income is forensic work. The different issues, statutes, and case law citations that bear on requests for tax records are reviewed, and the strategies for coping with this tactic are suggested.