The role of the statistician in litigation has much in common with that of a consultant in any field. To be an effective expert witness, we should be certain that we know what questions must be answered and what data will be required in order to answer them. Other guidelines include
Promoting and preserving the confidence of the client and the public without exaggerating the accuracy or explanatory power of the data
Avoiding unrealistic expectations and not promising more than you can deliver
Being responsible and accountable, guarding your reputation
Providing adequate information to permit methods, procedures, techniques, and findings to be assessed
Addressing rather than minimizing uncertainty
However, the statistician must understand that litigation is an adversarial process; one must consider the strategy of the other side and be prepared for what is likely to be presented. The keys to effective statistical evidence are
Early involvement by the statistician (as is the case in any...
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References and Further Reading
Asher J, Banks D, Scheuren F (eds) (2008) Statistical methods for human rights. Springer-Verlag, New York
Ball P, Asher J (2002) Statistics and Slobodan: using data analysis and statistics in the war crimes trial of former president Milosevic. Chance 15:17–24
Fienberg S, Kadane JB (1983) The presentation of Bayesian statistical analyses in legal proceedings. The Statistician 32:88–108
Fienberg S (ed) (1989) The evolving role of statistical assessments in the courts. Springer, New York
Fienberg SE, Krislov SH, Straf ML (1995) Understanding and evaluating statistical evidence in litigation. Jurimetrics Journal 36:1–32
Finkelstein MO, Levin B (2001) Statistics for lawyers, 2nd edn. Springer-Verlag, New York
Gastwirth JL (ed) (2000) Statistical science in the courtroom. Springer-Verlag, New York
Gray MW (1993) Can statistics tell us what we do not want to hear? The case of complex salary structures. Stat Sci 8:144–179
Gray MW (1996) The concept of “substantial proportionality” in Title IX athletics cases. Duke J Gender Soc Policy 3:165–185
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Gray, M.W. (2011). Statistics and the Law. In: Lovric, M. (eds) International Encyclopedia of Statistical Science. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-04898-2_86
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