Advice for working with an Expert Witness

Key things the instructing solicitor will need to do:

• Review Expert Witness Report(s) – The solicitor must be sure they understand the content of the Expert Witness’s report.  If the solicitor does not understand anything they should always ask for clarification.
• If the Expert Witness has included literature or other material as part of their report then the solicitor should read that material and again be sure they can understand it.
• Act as a conduit between the Expert Witness and the court/the other side/the other side’s Expert Witness.
• Provide the Expert Witness with copies of reports from other Expert Witnesses on their side, to ensure consistency and absence of contradiction.
• Seek to agree an agenda of points to be covered at the Experts’ Meeting.
• Take responsibility for submission of the Reports and Joint Statement to Court, remembering that, if a Report is served/filed late, it is deemed inadmissible (without further permission from the Court).
• Provide the Expert Witness with advice/reminders relating to the rules and regulations for the specific court where necessary.
• Provide the Expert Witness with a copy of any court order that is relevant to their work.
• Keep the Expert Witness appraised as to the progress of the case and liaise as to availability/trial dates.
• Pay the Expert Witness as per the agreed terms!