Has your Expert been trained as an Expert? That might sound like a contradiction but it is important to know what you're getting when you instruct an Expert Witness and that an Expert has the correct skills in delivering Expert evidence to a Court or Tribunal.
So, what more should an instructing lawyer or client expect in addition to the field of expertise an Expert offers? Commercial legal experience and some form of legal qualification is required!
The Expert needs to be fully acquainted with the process of dispute resolution, the Law of Evidence and the protocols of legal procedures to that expected by a Court. Consider the following legal aspects that an Expert must know:
The Law of Evidence
The Expert must be consciously trained to understand:
Protocols and Legal Procedures
In addition to the law of evidence, the Expert must understand the expected structure and legal protocol in delivering Expert evidence. The Expert must be trained to understand what is meant by:
Importantly and often overlooked by instructing clients and lawyers is the experienced and trained Expert must also be an Expert in:
When the written Expert evidence in submitted, there may be
questions and a hearing, the latter of which requires training or experience in
knowing how to survive cross examination and communicating with the judge or
So, it is not just providing an opinion on the cost of building or the quality of work, there is a necessity for the Expert to have extensive legal training and knowledge, those instructing should appreciate this essential aspect.
All of Arbicon’s Experts have formal legal qualifications (LETAPAEWE) in the delivery of Expert Witness work and have Experts with over 40 years experience in dealing with construction related matters. To find out how we can help you with your construction dispute please get in touch.