Expert Witnesses: A Valuable Relationship With Lawyer And Client

The important role of expert witnesses in personal injury cases – indeed, many civil claims – is one that cannot be overestimated. For that reason alone, the relationship between expert, lawyer and client is one worth protecting from the start. The specialist litigation lawyers at ParrisWhittaker have years of experience working with experienced expert witnesses in Jamaica and across the region, in all types of personal injury claims.

From the outset of a claim, selecting the best available qualified expert for our clients is one of the most important steps we take in their  injury claim. Depending on the nature of the case, the expert may be, for example, be an orthopaedic doctor, a gynaecologist, pediatrician, dermatologist or psychiatrist.

We may decide that experts from other sectors are needed to help your case, such as mechanical engineers, surveyors or veterinary surgeons.

Whoever the expert, the way in which we communicate with and commission them lays the groundwork for what comes next: the client’s medical examination, the expert report, and the evidence the expert may eventually give in court.

Experts’ views

But expert witnesses do not work in a vacuum. Mutual understanding between us as the instructing lawyers, and the expert from whom we commission a report, is crucial – their report will be vital to your claim.

Each year, a survey¹ of expert witnesses across many disciplines is carried out in the UK. It reveals several interesting trends, not to mention many insightful personal anecdotes from survey respondents. A repeated theme emanating from the latest report is the importance of having good, clear communication with the lawyers. Good communication skills and “building rapport are essential”, said one expert.

Naturally, the relationship between the expert and the client is important. One expert notes that, for example, AI could never replace expert witnesses: “The human touch is key and exploring the client’s situation is a human skill – communication, compassion, dignity and respect.”

Overriding duty

However, it is important to note that an expert’s overriding duty is to the court, not to lawyers or even the claimant. They must be independent and objective.

The Supreme Court Civil Procedure Rules 2022 (part 32) specifically state: “It is the duty of an expert witness to help the Court impartially on the matters relevant to his or her expertise. This duty overrides any obligation to the person by whom he is instructed or paid.”

This is one of many reasons why it’s so important that we select the right expert for you; and forge good communication from the start. Our team is careful when instructing experts but we are aware there is always a risk the other party may produce a less objective report, or a clearly biased report.

In fact, the survey reveals that of the 581 experts who responded, 56% said they have come across experts who regularly give an opinion favourable to the instructing lawyers – “regardless of the evidence.”  This is concerning.

It can be reassuring to know that instructing lawyers encourage experts to let us know if they have any concerns around impartiality, or if the other side’s expert appears to be biased.

The courts do not look kindly at experts who are biased and lack objectivity in breach of their duty to the court. Even unconscious bias could sally an expert report, and we are careful to ensure the tone and content of the expert reports we receive are appropriate and impartial.

How can we help?

Our specialist personal injury lawyers are experienced in instructing expert witnesses and in evidence-gathering to build a strong claim for our clients.

For advice on making a claim, or if you have any concerns about an expert witness in an ongoing claim, contact the personal injury team at ParrisWhittaker on  info@parriswhittaker.com

¹Bond Solon 2023 Expert Witness Survey