EXPERT WITNESS
Being an expert witness
EXPERT WITNESSES CAN EARN SUBSTANTIAL FEES AND ENHANCE THEIR CVs WITH THE EXPERIENCE THEY GAIN FROM WORKING WITH LAWYERS. LAURA DEW REPORTS
E
CISI.ORG/REVIEW
xpert witnesses can play a key role in determining the outcome of a court case, helping all parties to understand complex issues. Whether acting in criminal
or civil cases, they must have relevant expertise, be impartial and objective, and provide reliable evidence in their report, which will help the court form its conclusion. It is up to the court to decide whether
parties will be allocated expert witnesses, and the budget and quantity of these depends on the case size. Usually, each side will have them. Occasionally an expert witness will be appointed jointly by parties on both sides.
Role of an expert witness Duties will include meeting with lawyers, reading extensive evidence, formulating a
legal report and, if necessary, being cross-examined in court. They may also meet with an expert witness for the opposing party to read each other’s reports and work out where they agree and disagree. There are two types of expert witness:
those doing it as a one-off and those who do it professionally. However, those who have done it once can find themselves acting again as their prior experience makes them an attractive candidate. Their duty is to the court, not to any of
the involved parties. Therefore, they should remain independent and avoid being influenced by the party they are working for to reach a certain conclusion. A test of this is whether they would reach the same conclusion if instructed by a different party. A witness may find out the verdict of the case afterwards and whether their
// EXPERT WITNESSES
SHOULD REMAIN INDEPENDENT //
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