Expert Witness Insights Part 11 – The Most Persuasive Expert Report Is Often the Easiest One to Challenge
There is a natural temptation when preparing an Expert Witness report to make the conclusion appear as robust as possible. The expert has been instructed because they possess specialist knowledge and experience, and understandably wants the reader to have confidence in the opinion being expressed. But I increasingly think there is an important distinction between […]
Expert Witness Insights Part 10 – The Joint Statement: Where an Expert’s Independence Is Really Tested
There is a point in many expert appointments when the dynamics change considerably. Until then, the expert has largely worked within the environment created by the party instructing them. They have received the instructions, considered the documents, undertaken their investigation, prepared their report and, following exchange, considered the report of the opposing expert. Then comes […]
Expert Witness Insights Part 9 – “I Wasn’t Asked to Consider That”: Is That Ever a Satisfactory Answer From an Expert?
In Part 8 of this series, I considered the Expert Witness’s duty to investigate rather than simply accept the factual narrative contained within their instructions. That leads naturally to a related, and in my view more difficult, question. What should an expert do when, during the course of that investigation, they identify something material which […]
Expert Witness Insights Part 8 – The Expert’s Duty to Investigate, Not Simply Accept Instructions
There is an important distinction between being instructed as to the facts of a case and accepting those facts without question. It is a distinction which, in my view, goes to the very heart of the role of the Expert Witness. An expert will inevitably receive instructions setting out a client’s position, often supported by […]
Expert Witness Insights Part 7 – Persuasion Is Earned, Not Asserted: Why the Best Expert Reports Convince Rather Than Argue
Throughout this series I have considered many of the professional disciplines that underpin effective expert evidence, including transparency, independence, the duty to investigate, confirmation bias, the willingness to reconsider opinions and the importance of maintaining credibility throughout an appointment. Those subjects all lead, in my view, to a much broader question. What actually persuades a […]