Internet Newsletter for Lawyers |
|---|
Identifying a suitably qualified expert witness for a particular case has always been one of the most important tasks facing the litigation lawyer.
Expert witness evidence determines the outcome of a high percentage of civil and criminal trials, and most litigation lawyers have on more than one occasion had the bitter experience of losing an important case as a direct result of an expert witness failing to come up to scratch in some way. Moreover, discredited expert witness evidence has been one of the main causes of the many miscarriage of justice cases which have passed through the Royal Courts of Justice in recent years.
Two ongoing criticisms of the role of the expert witness in this country - given the crucial role played by these witnesses - are that training is not compulsory for expert witnesses and that there is still no formal ‘expert witness’ qualification or regulatory/supervisory body, overseeing the activities, standards and training of individuals who offer their services in this field. Anyone can hold himself out as an expert witness, and many of the individuals who do so simply do not pass muster. The expert witness field is better described as ‘the expert witness minefield’.
An estimated 10,000 individuals in the UK are currently offering their services to the legal profession as expert witnesses. So how does the solicitor who is dealing with a complex case, very possibly in a highly technical field, in which he or she has little or no previous experience, locate an expert who is going to be able to guide the defence or prosecution/claimant team, and, perhaps, ultimately, a jury or other tribunal, as to the complexities, strengths and weaknesses of the issues involved in the case?
The task of locating an expert witness is in one sense much easier than it was a generation ago. During the intervening period the restrictions which used to prevent a large number of professionals from advertising their services have been almost entirely removed. The dismantling of these restrictions has led to the development of a large number of resources, both in print and on the web, which are designed to assist the lawyer to locate experts who possess expert witness experience and/or training.
Which should be the lawyer’s preferred medium for researching expert witness information?
The printed directory and the web-based directory have identical functions: they help lawyers identify a potential expert witness for a particular case, and they provide essential background information about the individual, which will enable the lawyer to make a preliminary assessment as to his or her suitability for the case.
The web-based directory has three main advantages over the print-based directory.
Firstly, it is not subject to the many limitations of traditional publishing, including a lengthy production cycle, and it can be revised and updated with a minimum of expense and delay – possibly on a daily or weekly basis. It will normally, therefore, be more accurate and up to date than the printed directory (as with all web sites, a statement of the date on which the site was last updated will frequently provide an indication as to how efficiently the directory is maintained).
Secondly, a simple keyword search via a sophisticated online database will normally enable a lawyer to pinpoint a potential expert more accurately and quickly than the comparable printed directory. Database technology enables the searcher to find experts in a particular town, county or region within seconds – even limiting the search to individuals with a particular qualification.
Thirdly, the entry in the web-based directory will frequently be linked to the expert’s own web site, or to other web pages which are relevant to the individual, allowing instant access to a much wider range of information than can normally be gleaned from a printed directory entry.
Except in the most obscure areas of expertise, a search of these three resources will normally return details of a number of suitable expert witnesses. A comparison of the features offered by the three sites (size of directory, frequency of updating, information included, whether links are available, costs etc) can be viewed on the ExpertSearch site.
In Scotland, include the directory of the Law Society of Scotland & W. Green.
For Ireland, the only resource, as far as I am aware, is an Irish section within a further UK-based register - Expert Witness.
The Internet search engines should be avoided in the initial stage of the search. In a fragmented field, covering a huge range of specialisms and countries, they are simply too blunt a tool for the purpose of locating UK-based experts, of unknown identity, who possess expert witness skills such as training in legal report writing, UK courtroom skills and the responsibilities of a ‘Single Joint Expert’.
Having provisionally selected an expert, however, the next step should be to use one of the leading search engines, in particular, the UK version of Google - www.google.co.uk - to locate further information about the individual. An experienced expert witness who is eminent in any major field of expertise will normally have several entries.
Research into these linked web pages will frequently give a good insight into the background and degree of suitability of the individual. If the provisionally selected expert has no entries this may indicate that he is not a recognised authority in his field. Moreover, if there are any ‘black marks’ against the individual, such as judicial criticism in reported cases, or adverse findings in disciplinary proceedings (tending to indicate non-suitability for the role) such information will also frequently be revealed, avoiding difficulties at a later stage.
In conclusion, for those lawyers who have ready access to Internet facilities, the web-based directory, combined with search engine cross-referencing, today offers the most convenient, speedy and efficient way of locating expert witnesses – and of locating a wider range of information about particular individuals than can normally be obtained from print-based directories.
Clive Lougher is a former litigation solicitor and is Managing Director of ExpertSearch Ltd, publishers of ‘The Online Directory of UK Expert Witnesses’.
Email clive.lougher@expertsearch.co.uk.
Back to Contents.