Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his expertise as an Expert Witness and shares his advice for others considering joining the Expert world.
The only way you can become an Expert Witness is by having experience in the first place.
I studied digital forensics for four years before spending another four in the police as a Digital Forensics Examiner. My time in the police helped prepare me for the world of Expert Witness work. While I wasn’t providing opinion-based evidence, I was learning a lot of core skills that Expert work requires — like writing reports and testifying my report in court.
At no point in those early years did I think that becoming an Expert Witness was what I was working towards!
At my current company, SRM Intelligence and Risk Consulting, we get instructed on a variety of Expert Witness work in both civil and criminal matters. After my first case, I realised I had a real enthusiasm for working with legal teams and a passion for acting in an Expert Witness capacity. And, whilst I was the expert in my field, I realised how much I had to learn from them as well.
I find being an Expert Witness exciting and thrilling — that's why I continue to do it.
At SRM, whilst I may be nominated as the expert witness and all opinions are my own, I am supported by a team of experienced professionals with diverse skillsets. I can use their skills and expertise to support me in delivering complex forensic analysis and problem solving, which is invaluable.
The types of cases that I get involved in can vary.
Typically, I’m instructed where there is at least an element of digital evidence that is pertinent to the case. It may be criminal defence work, civil disputes, or family matters. But I learn something new from every single case that I work on.
A case that stands out for me…
…was where I was instructed as an Expert Advisor, rather than an Expert Witness. I was brought on board to support the legal team and the client, who was the defendant facing criminal charges in Singapore.
I sat with the lawyers during court and helped them prepare to cross-examine the other witnesses and interpret technical evidence in real-time during court proceedings. To have that visibility into how legal teams work was a real career highlight.
I was able to benefit from seeing how legal teams prepare cross-examination of Experts from a strategic perspective, as well as having an in-depth insight into how they interpret expert evidence in the context of the law.
It’s given me insight and knowledge that a lot of Experts may never get the opportunity to have and it’s going to set me up to be a better Expert Witness in the future.
As an Expert Witness, you need to make sure that you're conscious about your independence at all times.
My advice for other Experts is to clarify early on that you’re not an advocate for a case or client: you’re an independent expert. While there may be two sides, as Expert Witnesses we are not on either of those sides. We are here independently to help the court understand the context of our findings, and our unbiased opinions on the matters instructed to us.
It’s important not to get emotionally involved when you’re testifying.
I cross-examine my own report so I'm always relatively prepared for areas that I think could be challenged. If you do that preparation and don’t get emotional about being challenged, you’ll maintain a level of composure that is needed to navigate cross examination. It’s not personal!
Evidence in chief [the initial questioning of a witness by the party who called them to testify] can be just as daunting as cross-examination.
Your independence is really important during evidence in chief because ultimately, while you've been instructed by one side, you're an independent witness to them as well. Counsel for your instructing party will still want to draw out conclusions that suit the client's case.
Whether I’m testifying under evidence in chief or under cross-examination, I remind myself that I’m the expert in the room in this field and that I know my report better than anyone. It’s really important to have that confidence in yourself.
Only 5%- 10% of my cases require oral testimony in court.
I think I would speak for most Experts when I say that not having to orally testify to your report can be testament to the clarity of your report. If the report is clear, then you have stuck to your instruction, your expertise is clearly demonstrated, and you’ve acted appropriately for that instruction.
That said, even reports of the highest quality still require oral testimony depending on the nature of the case and your findings – with that in mind, any report produced should be done so in anticipation of oral testimony.
I really enjoy stepping outside of the UK to act as an Expert Witness.
My company offers a global service, so there is the opportunity to work on cases abroad. It opens your eyes to the different cultures and ways of working.
There are things I learned about the court process and acting as an Expert in Singapore that could be used as strong examples around the world. I found that experts were treated with respect, and cross-examination of the witnesses was fair and, again, respectful.
I have seen many high-profile cases in the past, particularly in the US, where this isn’t necessarily a given.
Time pressures can be a challenging part of Expert work.
It’s a good idea to be clear from the start about how much time you will need to deliver and advise on your findings and to produce a report.
No one wants to be rushed: it doesn't help you as an Expert and it certainly doesn't help your instructing party.
Whist an expert will aways seek to meet court deadlines, if you feel that you are being rushed to a point where it is impacting the quality or accuracy of the work, you have a duty to inform the court that you cannot produce your report in that time.
There's nothing more satisfying than being passionate about what you do, and that's what Expert Witness work brings out in me.
I love putting my work into the real world and seeing the impact that it can have on a civil matter or criminal case. The stakes in Expert Witness work are often higher than other projects that I work on.
For me, that pressure brings out the best in my work. I think it encourages me and motivates me to continue to learn. Because ultimately, you don't want to be proven wrong in the witness box!