5 6
The purpose of your
evidence is to explain technical matters. This is very different from stating what you would have done in similar circumstances. Justification of your usual practice can taint your evidence.
Don’t be bullied. A survey
conducted by an expert witness training company found that one in ten expert witnesses had been pressurised by a lawyer into changing evidence before the case had gone to court. It is your evidence and if it goes wrong you will have signed off on it.
7 8
Challenge inadequate or misleading instructions. The Expert Witness Institute’s terms make it clear that you are to be provided with comprehensive instructions.
9
Don’t accept instructions if you cannot be independent. The expert may be faced with a business dilemma of not wishing to alienate the principal but simply not wishing to say what is required.
Check that you are not
conflicted. A surprising number of experts accept an engagement only to find that a colleague has dealt with the opposition.
10 Don’t stray outside the
area of your expertise. Lawyers will seek to challenge whether the opponents’ expert is properly qualified to comment on every aspect of the case. If they can show you lacked expertise for part of your report your work will be discredited.
These are ten golden rules drawn from ITIC’s experience of defending experts
ITIC’s standard trading conditions for expert witnesses
These terms and conditions are published for the general interest of members of ITIC acting as an expert witness in the UK. The specific requirements of individual businesses vary and accordingly no responsibility can be taken for the suitability of these terms and conditions to a specific business or contract. As with all contractual terms it is important that the user ensures that they are properly incorporated in their contract with their counterparty. You should seek the advice of your usual legal advisor prior to using these terms and conditions. Guidelines on
incorporating terms and conditions can be found on ITIC’s website.
1. DEFINITIONS
“Expert” is the Expert trading under these conditions.
“Client” is the party at whose request or on whose behalf the Expert undertakes the Services. This may on occasion be the “Solicitor” or “Insurer”.
“Solicitor” is the firm of solicitors and/or individual solicitor appointed by or acting on behalf of the Client. The Solicitor may be the Client.
“Insurer” is the insurer of the Client who may appoint the Expert directly or indirectly. The Insurer may be the Client.
“Report” means any report or statement supplied by the Expert in connection with the Services requested by the Client.
“Disbursements” means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including, but not limited to, reasonable travel, refreshments and hotel accommodation where an overnight stay is necessary.
“Fees” means the fees charged by the Expert to the Client for the Services excluding any Disbursements and value added tax where applicable.
The Report • March 2019 • Issue 87 | 43
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