When experts are the subject of regulatory complaints

 

Most professionals who act as expert witnesses are potentially subject to fitness to practice or other types of regulatory or professional body investigations. This can be extremely stressful and challenging even when the complaint appears to be vexatious or lacking in substance. In fact, in some cases, the complaint may even be a tactic by a Litigant in Person (‘LIP’) to upset the expert and make them more amenable to the LIP’s view in proceedings.

So, we thought it would be helpful to offer a brief reminder of what you should do in such circumstances to ensure you meet your duties as an expert witness.

Contact your professional indemnity insurer

Your first step should be to notify your professional indemnity insurer. Regulatory complaints should be covered under professional indemnity policies. Insurers are experienced in managing these situations and will provide legal advice or appoint solicitors to assist with responses to the regulator. Early notification is important as most policies require this and because the insurer can provide support throughout the investigation process.

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