Much of what we say or do is based on what we learn. Much of what we learn is based on what we read. Much of what we read is based on what others have read. Much of what those others have read is based on what still others have written. And so on. It becomes inevitable, therefore, that, sooner or later, much of expert testimony boils down to what experts have read or learned or confirmed from writings.
There’s nothing wrong with that in and of itself. If the expert enhances his or her expertise by reading scientific, technical or professional writings or benefits others by researching and writing as an expert, society is normally better off for the effort. The “if” in the foregoing premise is important, however, especially when it comes to expert testimony in litigation. Society’s objectives there are to search for the truth and do justice. If the writings experts rely on are trustworthy, accurate and professionally reliable, they have potential to enhance the expert’s role and, therefore, the jury’s in the truth-finding process. If the writings are “junk” and the expert relies on them or professes them to be the truth, the expert’s testimony is not better than the junk he or she is reciting.
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