This comparison draws in part from “Expert Texpert: The behavior analyst as an expert witness” by Merrill Winston, Ph.D., BCBA-D (BehaviorLive), and extends it with peer-reviewed research from our library of 27,900+ ABA research articles. The decision framework, BACB ethics code references, and cross-links below are synthesized by Behaviorist Book Club.
View the original presentation →Behavior analysts who enter the expert witness arena quickly encounter a tension between two models of engagement. The objective analyst model treats the expert's role as providing independent, evidence-based analysis that may or may not support the retaining party's position. The retained advocate model, which some attorneys expect but which is ethically problematic, treats the expert as a member of the legal team whose job is to support the retaining party's case. Understanding the difference between these models is essential for any behavior analyst considering expert witness work, because the choice between them has direct consequences for professional integrity, credibility, and ethical compliance.
| Factor | Evidence-Based Approach | Traditional Approach |
|---|---|---|
| Relationship with retaining attorney | Collaborative on communication and logistics; independent on substance and conclusions | Attorney directs the substance of opinions and expects conclusions that support their case theory |
| Opinion formation process | Opinions formed through independent analysis of evidence, then communicated to the attorney | Conclusions predetermined by the retaining party; evidence selectively reviewed to support those conclusions |
| Handling of unfavorable evidence | Unfavorable evidence is acknowledged and incorporated into the analysis; limitations are disclosed | Unfavorable evidence is minimized, ignored, or explained away to maintain the desired conclusion |
| Credibility in court | High credibility because the expert demonstrates willingness to acknowledge both strengths and weaknesses | Vulnerable to cross-examination that exposes bias, reducing the weight given to the testimony |
| Ethical compliance | Consistent with the Ethics Code's requirements for truthfulness, integrity, and accuracy | Risk of violating ethical standards regarding honesty and accuracy in professional communications |
| Long-term professional reputation | Builds a reputation for reliability and objectivity that attracts future engagements from both plaintiff and defense counsel | Develops a reputation as a hired advocate, limiting future engagements to one side and inviting professional scrutiny |
The ABA Clubhouse has 60+ on-demand CEUs including ethics, supervision, and clinical topics like this one. Plus a new live CEU every Wednesday.
Use this framework when approaching expert texpert: the behavior analyst as an expert witness in your practice:
Does the data support a need for intervention? Is there a meaningful impact on the individual's quality of life, safety, or access to reinforcement?
YES → Proceed to assessment NO → Document reasoning, monitor
A functional assessment should guide intervention selection. Avoid defaulting to standard protocols without individual analysis. Consider environmental variables, setting events, and private events.
YES → Select evidence-based approach matched to function NO → Complete assessment first
Goals should be co-developed. Assent and informed consent are ethical requirements. The individual's preferences and values matter in selecting both goals and methods.
YES → Proceed with collaborative plan NO → Engage in shared decision-making
This course covers the clinical and ethical dimensions in detail with structured learning objectives and CEU credit.
Expert Texpert: The behavior analyst as an expert witness — Merrill Winston · 1 BACB Ethics CEUs · $20
Take This Course →We extended this decision guide with research from our library — dig into the peer-reviewed studies behind each approach, in plain-English summaries written for BCBAs.
258 research articles with practitioner takeaways
233 research articles with practitioner takeaways
212 research articles with practitioner takeaways
1 BACB Ethics CEUs · $20 · BehaviorLive
Research-backed educational guide
Research-backed answers for behavior analysts
All behavior-analytic intervention is individualized. The information on this page is for educational purposes and does not constitute clinical advice. Treatment decisions should be informed by the best available published research, individualized assessment, and obtained with the informed consent of the client or their legal guardian. Behavior analysts are responsible for practicing within the boundaries of their competence and adhering to the BACB Ethics Code for Behavior Analysts.