August EWJ 24 - Flipbook - Page 73
to testify in court as an expert witness in the same
proceedings.
within the expert's area of expertise. However, it is
crucial to exercise caution to prevent any actions or
remarks that might be construed as an attempt to manipulate the expert's testimony, or any preparation
that could be perceived as “coaching” the witness.
The role of legal counsel
In accordance with the witness preparation guidance
issued by the General Council of the Bar, it is common
for counsel to review the expert’s report before it is
formally submitted to court. In this capacity, counsel
play a crucial role in ensuring the expert has addressed all issues on which they have been instructed.
Counsel may also wish to assess the report's structure
and contents to ensure it meets court requirements,
or they may give feedback to the expert on technical
concepts which may not be clear to a layman. However, this primarily remains the responsibility of the
expert witness; an experienced expert will understand how to present a court compliant report
targeted towards a layman.
The involvement of expert witnesses in legal
proceedings is critical in ensuring that courts can interpret complex technical evidence. Understanding
the multifaceted role of expert witnesses, their overriding obligation to the court, and the benefit of their
early engagement in the proceedings, can all assist
counsel in their preparation to instruct an expert, and
will allow the expert to fulfil their duties effectively.
Legal counsel also plays a crucial role in an expert’s
testimony. They should support the expert by ensuring the expert has everything they need to address all
relevant issues and that any necessary applications are
submitted in a timely manner. However, it is imperative that counsel respects the expert's independence
and refrains from influencing their opinions. It is also
important for counsel to strike a balance, providing
support while avoiding any coaching or manipulation.
However, to ensure the admissibility of the expert's
evidence in court, the guidelines emphasise the necessity for the expert report to remain entirely independent and uninfluenced by external parties.
Although counsel is encouraged to review and provide input on draft reports, it is crucially important
that they refrain from drafting any part of the report,
particularly the expert's opinions.
If you have an interest in learning more about our
expert witness services, please get in touch with Ryan
Shields or Amy Francis, who together boast over 15
years’ of experience in the digital forensics field, and
regularly act as expert witnesses and expert advisors
to clients in the UK and overseas.
www.s-rminform.com
Counsel can further assist experts in their preparation
for oral testimony by familiarising them with the
courtroom setting, trial procedures, and relevant legislation and regulations. They can also offer guidance
on delivering clear and concise testimony that remains
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