Becoming an Expert Witness
Becoming an expert witness provides a unique opportunity for professionals to apply their specialised knowledge in legal proceedings, contributing to just outcomes and supporting the judicial process. Expert witnesses offer insights and analysis that help judges, juries, and legal teams understand complex issues, ensuring informed decisions can be made.
What is an Expert Witness?
To be an Expert Witness, you need to be an expert. This may seem obvious, but being an expert is not the same as an Expert Witness.
An expert offers special expertise in a particular field. An Expert Witness, however, must develop additional knowledge and skills in order to fulfil their duty to the court.
An expert witness is a professional with specialised knowledge in a particular field. They are called upon in legal cases to provide objective opinions and factual explanations within their area of expertise. The role of an expert witness goes beyond simply being an expert; it requires the ability to communicate findings clearly and effectively, in written reports, meetings and in court.
The Role of the Expert Witness
The role of an expert witness extends beyond the courtroom. While they provide technical analysis and opinion to assist the court, they may also act as advisors in behind-the-scenes roles. These roles often involve helping legal teams understand technical matters without presenting their findings directly in court.
Supporting Justice
When expert evidence is called for in a court of law…it’s time to call in the expert witness.
In so many trials, it is the carefully considered evidence of expert witnesses that can ensure a just outcome.
The Expert Witness in Court
The Weight of Evidence
A court of law is a place where a fact is not a fact until it is proved -- or in certain cases, disproved -- by incontrovertible evidence. Here, the role of the expert witness becomes paramount.
The Weight of Responsibility
Often, the evidence put forward in a trial by an expert witness can be a deciding factor in tipping the balance in favour of a well-informed, reliable well considered judgment.
Expert vs Expert Witness
An expert offers special expertise in a particular field. As an expert witness however, he or she needs to offer additional skills and abilities – courtroom skills and report writing, for example -- which can be enhanced by training and developed over time.
When in court, the expert witness methodically presents opinion evidence based on evidence of fact. The subsequent report -- which the expert witness also prepares -- would be written within a specified time scale in compliance with specific legal guidelines.
The Expert
The expert is anyone with specialist knowledge not commonly held, or likely to be understood by a layman. When there is no intention to place an expert’s opinion before the court, that person is referred to as an expert advisor and may take on a number of behind-the-scenes roles.
The Expert Witness
To summarise, an expert witness is an also an expert, but one whose specialist knowledge supports considered opinions which may be placed before a court (or other judicial or quasi-judicial body – for example, a tribunal or arbitration).
Fundamentally, the role of the expert witness is to provide technical analysis and opinion which will assist the court in reaching its decision. The opinion evidence put forward by the expert witness is based on evidence of fact.
Qualifications and Experience
An expert witness must demonstrate:
- Suitable qualifications – possessing professional credentials relevant to their field.
- Relevant experience – showcasing practical knowledge and a track record of expertise.
While there are no strict thresholds for the level of qualifications or experience, these must be proportionate to the complexity and seriousness of the case. Expert witnesses are required to outline their qualifications, training, and experience in their reports, supported by a CV included as an appendix.