The Reliable Expert Witness

Mark Tottenham

Professionals from many disciplines, businesses, and industries are regularly called upon to prepare reports or to give evidence in courts, arbitrations, and other hearings. Whether described as ‘expert’, ‘skilled’, or ‘specialist’ witnesses, their contribution is often crucial to the outcome of the case.

Experts 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.

What the Book Covers

The book provides practical guidance on the key stages of an expert witness's involvement in legal proceedings, including:

Types of Expert and Professional Witnesses
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 with the Instructing Legal Team
Meetings with Other Experts
Pleadings, Affidavits and ‘Scott Schedules’
Oral Evidence at Hearings
Alternative Dispute Resolution
Other Hearings and Inquiries

The book also includes three practical appendices:

Appendix 1: Checklist for Accepting Instructions
Appendix 2: Checklist for an Expert Report
Appendix 3: Case Law on the Duties of Expert Witnesses

Whether you are an experienced expert witness, a professional considering taking on expert work, or a solicitor who instructs and works with experts, The Reliable Expert Witness provides a practical reference point for understanding the responsibilities, procedures and potential pitfalls involved in expert evidence.

Testimonials

“An expert on experts.”
- Baroness Sue Black, forensic anthropologist

“All experts whether new to the industry or with over 40 years experience should consider this book essential. … It is a book that will educate and be used as a reference point for many years.”

- The Expert Witness Journal

“This book is a must read.”

- Christophe Champod PhD, Professor of Forensic Science, University of Lausanne.