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Disqualification Dilemma for Expert Witnesses

BY Moses Avalon
May 31, 2012

Being an expert in a niche field like the entertainment industry can have hidden dangers. In fact, there are perils that can permanently jeopardize an expert's reputation as well as the client's case. In over 10 years of helping to resolve disputes in the music industry and being a court recognized expert in California, Florida, Puerto Rico and New York federal court, I have experienced what I now come to understand is a common tactic among litigators. Maybe I've been lucky, or maybe until recently, I just haven't been on the radar. Like most experts, my first jobs were referred by personal acquaintances. But today if you input a search with the phrase “music business expert,” my name is likely to be listed in the top five and always on the first page of Google (on a good day).

'Strategic Disqualification'

One would think that, for a litigation consultant, this would be a cause for celebration; more exposure means better cases, higher fees. But there are dangers in being so visible in a niche field. Mainly, you can find yourself a prime target for what I call “strategic disqualification.”

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