Mark Solon gives advice on working with experts during litigation
Two of the essential qualities in the relationship between a lawyer and an expert are respect for each other’s roles, and good communication. You need to create an effective working relationship with the expert, instructing him carefully and honestly, maintaining a dialogue with him and encouraging him to be pro-active. Too often, solicitors expect experts simply to produce a report to a timetable, preferably a favourable one, and to be available almost instantly to carry out any follow-up work on the case. This is not a recipe for a fruitful relationship.
Remember that experts are not lawyers. Any legal points should be clarified for the expert, as appropriate, and the expert should be discouraged from commenting directly on legal liabilities, in writing or orally.
When each side has their own expert the solicitor may wish to use his expert, particularly an expert working on liability and causation, as an adviser throughout the proceedings (subject to proportionality), although his independence must not be compromised. Making an expert too much “part of the team” runs the risk
