How to make your expert love you, by Mark Solon
Expert evidence is often a vital ingredient in proving or defending a case. If producing that evidence goes wrong in any serious way, it can have a significant impact on the outcome of the case or on the client’s liability for costs. Getting on with your expert witness is essential. Although an expert’s duty is to the court, the relationship with the instructing solicitor is key to quality evidence.
Perhaps we should first look at the main problems solicitors might encounter with experts. These include experts who:
- accept instructions outside their expertise;
- accept instructions when they have a conflict of interest or are not independent;
- fail to produce a report on time or at all;
- produce deficient advice or a report which: does not comply with the CPR requirements or court directions; does not comply with the instructions; is inadequately researched; is inaccurate in material respects; covers matters outside the expert’s expertise; is inconsistent or illogical; or relies upon untested theories;
- overcharge;
- act inefficiently or unco-operatively with regard to follow-up
