“We have an opportunity to fix it” Understanding Lawyers’ Perceptions of Selecting, Collaborating with, and Presenting Experts

Cooper, Sarah Lucy and Scanlon, Paraic (2026) “We have an opportunity to fix it” Understanding Lawyers’ Perceptions of Selecting, Collaborating with, and Presenting Experts. Oklahoma Law Review. ISSN 2473-9111 (In Press)

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Abstract

Scientific expert evidence plays an increasingly important role in the United States (US) criminal justice system, yet little empirical research has examined the lawyer-expert relationship through which such evidence is mobilised. This article addresses that gap through a qualitative study of five semi-structured focus groups involving 13 criminal law practitioners in the US, exploring how lawyers engage with experts, the factors shaping those interactions, and lawyers’ perceptions of their role within the relationship. Using reflexive thematic analysis, the authors identify three interconnected stages of lawyer–expert engagement: expert selection, pre-court collaboration, and courtroom deployment of expert evidence. Across each stage, lawyers adopt strategic approaches shaped by professional obligations, institutional norms, and anticipated jury responses. While participants recognised the value of scientific expertise, legal strategy consistently remained the primary driver of decision-making. The findings highlight tensions between sound science and legal practice norms and suggest a need for greater collaboration between legal and scientific communities, alongside enhanced science literacy within legal education and practice.

Item Type:	Article
Dates:	Date Event 13 July 2026 Accepted
Subjects:	CAH04 - psychology > CAH04-01 - psychology > CAH04-01-01 - psychology (non-specific) CAH16 - law > CAH16-01 - law > CAH16-01-01 - law
Divisions:	Law and Social Sciences > Law Life and Health Sciences > Psychology
Depositing User:	Gemma Tonks
Date Deposited:	28 Jul 2026 10:19
Last Modified:	28 Jul 2026 10:19
URI:	https://www.open-access.bcu.ac.uk/id/eprint/17130

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