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You win some, you lose some, and some you just bill by the hour.
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Legal Definitions - hired gun
Definition of hired gun
The term hired gun is a colloquial expression used in legal contexts to describe individuals perceived as prioritizing the interests of the party paying them above objective truth or ethical considerations.
Expert Witness: This refers to an expert witness who is believed to provide testimony or opinions that are unduly favorable to the party compensating them, potentially compromising their impartiality. The implication is that their professional opinion is influenced more by the financial relationship than by an objective assessment of the facts or scientific evidence.
Lawyer: In this context, a "hired gun" lawyer is an attorney who is seen as relentlessly pursuing their client's objectives, often employing aggressive or unconventional tactics, and potentially disregarding ethical boundaries or broader moral implications in their zealous advocacy.
Here are some examples illustrating the use of this term:
In a complex patent infringement lawsuit, the defendant company hired a renowned engineering professor to testify that their product did not infringe on the plaintiff's patent. However, the professor had a long history of testifying exclusively for large corporations in similar cases, and their methodology for assessing infringement was widely criticized by independent experts as being overly favorable to corporate defendants. Opposing counsel might refer to this professor as a "hired gun", suggesting their expert opinion was influenced by the substantial fees paid by the defendant rather than a neutral technical analysis.
During a contentious corporate merger, one of the acquiring company's lead attorneys became known for their aggressive and uncompromising negotiation style. They reportedly threatened to expose sensitive information about the target company's executives and filed numerous motions designed to delay the process and increase legal costs for the other side, even when these actions seemed to serve little legitimate legal purpose beyond intimidation. Colleagues and opposing counsel might privately label this attorney a "hired gun", implying they would stop at nothing to achieve their client's desired outcome, regardless of the ethical implications or professional courtesy.
Simple Definition
"Hired gun" is a slang term in legal settings that refers to an expert witness whose testimony is seen as swayed by their financial relationship with the party paying them, rather than by objective facts. It can also describe a lawyer who aggressively pursues a client's goals without regard for ethical or moral considerations.