MAX WACHTEL, PHD

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A Psychologist Looked At His Prosecution/Defense Split in Expert Testimony. You Won't Believe What Happened Next.

I’m sorry for the clickbait title to this blog post. But, it is a little surprising, even to me.

I try very hard to keep an even balance between prosecution and defense work, and right now, I could barely be more even.

I have testified under oath 64 times since 2006, and I am completely even between the prosecution and the defense.

In the years between 2006 and 2019, I have testified 64 times. 32 of those have been for the prosecution and 32 have been for the defense.


Rule 26 of the Federal Rules of Civil Procedure requires that expert witnesses disclose all expert appearances for the last four years. In that spirit, I looked at my data from between 2016-2019. I have testified 22 times in the last four years—12 times for the prosecution and 10 times for the defense.

In the years between 2016 and 2019, I have testified 22 times. 12 of those appearances have been for the prosecution and 10 have been for the defense.