Description
Book SynopsisExperts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts' requirements. Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and 'Scott schedules'; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.
Table of Contents* Types of Expert and Professional Witness * The Duties of Expert and Professional Witnesses * Enforcement of Experts' Duties. * Accepting Instructions * Factual Investigations * Conducting Professional Research * Reaching a Conclusion * Preparing and Writing an Expert Report * Communication and Consultation Between the Experts and the Instructing Legal Team * Meetings With Other Experts * Pleadings, Affidavits and 'Scott Schedules' * Oral Evidence at Hearing * Alternative Dispute Resolution * Other Hearings or Inquiries * APPENDIX 1 - Checklist For Accepting Instructions * APPENDIX 2 - Checklist For An Expert Report * APPENDIX 3: Case Law on Duties of Expert Witnesses
