Part five: Specific instructions from the outset will help to avoid disputes later, says Mark Solon
Instructing the selected expert is a very important step in the working relationship. The initial exchange of letters with the expert will form the contract and it is vital to include all the key ingredients to avoid disputes later, especially over payment, or the timetable for receipt of the report. The specific instructions require particular care, as these form the expert's brief and the expert must summarise them in any report produced for the court.
Initial contact
Frequently, a solicitor's initial contact with an expert will be by telephone to check on the suitability and availability of the expert to produce advice or a report to the required timetable and to request their terms of business, CV and references, etc.
An experienced and efficient expert should have a standard package to send you that includes their terms of business. The Expert Witness Institute has model terms of engagement for expert witnesses (www.ewi.org.uk); if you receive something similar to this, it is an indication that the
