What is Involved in Becoming an Expert Witness?
What is Involved in Becoming an Expert Witness?
As an expert in your professional field, you play a crucial role within the UK judicial system by providing opinion evidence to assist courts in reaching informed decisions. In addition to having the relevant qualifications and experience, it is now regarded as essential for expert witnesses to undertake recognised training to develop the specialised skills required.
Expert witness training equips professionals with a comprehensive understanding of the legal framework, procedures, and ethical obligations involved in providing expert testimony. This ensures experts are fully prepared to navigate the court environment, deliver impartial and objective evidence, and withstand rigorous cross-examination.
By completing accredited expert witness training, you demonstrate your commitment to maintaining the highest standards of practice. This enhances the credibility of your evidence and strengthens the court's ability to rely on your expertise when making critical judgements.
The roles and responsibilities of an expert witness
An expert witness is someone who has experience in a specialised field. They are specialists. Lawyers usually look for experts who have practical experience in the specialised area in question and their duty is to provide impartial advice to the court by delivering independent evidence.
Ask yourself, What is your special field of interest (area of expertise) and what is your special knowledge (training, experience)?
You have a Duty to the court as an expert witness - this is a more complex area. The duty is to aid the court in matters within your expertise by delivering independent evidence.
This means that you are helping the court, not the party that instructed you. The evidence has to primarliy to help the court. What is Independence ' "Would i say the same thing if i was instructed by the other side in a case?" Your opinion has to purely based on the evidence provided and not on the basis of who asks you.
This is the most critical part of being an expert witness - your duty to the court and independence. It is also important to understand that the court does not share your expertise and knowledge and hence why you have een instructed to give evidence by the court, hence, the way in which the report is written must be digestible in laymans terms.
Types of cases that require expert evidence can fall in the following areas:
- Civil courts
- Commercial Arbitration
- Criminal
- Coroners inquest
- Specialist tribunals
Are you expert enough?
When can you start to become an expert witness?
Do you have sufficient expertise and experience to help in this matter at this point in my career. This needs to be asked seriously and scrutinised. One needs to be careful to stay within your area of expertise and within your experience.
How long after retirement can you continue to work as an expert witness?
There is no correct answer to this - Is there sufficient currency in my field to address these questions. Ideally, you are looking at c. for 3 -5 years post retirement. Am i still current enough to address the issues in this particular case.
Benefits of becoming an expert witness
There are a lot of benefits in becoming an expert witness:
- Channelling skills in a new direction
- Diversification of practice and new income stream
- Further and deeper expertise in your subject matter.
Training to become an expert witness
Training is essential. It is essential because you are offering a professional service and that service needs to backed up with proper formal training and CPD.
Compliance is a big issue and the courts scrutinise the ability of expert witnesses to be expert witnesses and know how to be experts in terms of what their roels and duties and to be court ready.
There are consequences of experts who fail to meet the requirements.
How do you get expert witness work.
This obviously is essential to your medicolegal practice and its success. Some ideas include:
- Register with agencies and directories to get your name seen and your expertise.
- Contact solicitors to introduce yourself
- Connections via Linkedin and colleagues and word of mouth
- Website, CV and Linkedin profiles are all up to date and that they are focussed and relevant.
- Once you have delivered your report, that is your best marketing tool. it is seen by the courts, solicitors, other parties and your name inevitably becomes known in the field as long as your report is clear and concise, knowledgeable and adherent to all the requirements.
If you would like to become an expert witness and you don't know where to start or maybe you just don't have time to start, Smith Medicolegal are expert consultants in business development and marketing within medicolegal practices and hence get in touch to discuss your personal requirements. Contact francesca@smithmedicolegal.com or call on 01491 520 036
