PDF version HERE: Using an expert
In this role, which covers most of my appointments, my paramount duty in providing written reports and giving evidence is to help the Court impartially and independently on my area of expertise and not as an advocate for any party. This duty overrides any obligation to the party by whom I am appointed. I must therefore seek to be completely unbiased in my analysis and findings. I maintain this independence with the utmost strictness as this protects the credibility of the process on all sides.
I am available to assist in an advocacy role, as an adviser to a case, using my decades of experience as a financial market practitioner. This is usually likely to occur in the early stages of a case and is sometimes known as being engaged as a ‘dirty expert’.
I may well be asked to continue with the case as an Independent Expert Witness, in which case I shall declare in my report the date at which I have become independent. This process may be helpful where I have the confidence of one or both sides in the case.
I may be appointed as an Independent Expert by both sides. The Courts like this process as it saves time in hearing the expert evidence and it is an economical route, as much of the work will only have to be covered once.
Litigation, Arbitration and Mediation
I may be appointed as an Expert for any of these dispute resolution processes.
Why do you need an Expert Witness?
- To assist the Court, or it’s constituents in a specialist field of knowledge
- Help Court understand the issues
- Help you and other side understand the issues
- Strengthen your argument or weaken the other side
- Intimidate the other side
- Common law system is evidence based
How do you select an expert?
- Personal reputation: relevant, non-faded experience
- Word of mouth, references, prior cases / clients, agencies, other experts
- Expert Witness? or Expert Adviser? (“dirty expert”, tactics)
- Single Joint Expert.
- Good writing expertise
- Court cross-examination experience
And the Expert is expert in what?
- Difference between exact expertise and ‘reasonable’ expertise
- Communication is key
- Is it Current or Faded expertise
- Avoid ‘ambulance chasers’ – people who just want the business
- My speciality involves disputes in financial markets, banking and investment.
How do you use an expert?
- You need the right Personality: calm, diligent, communicative…
Other expert information:
Behavioural Finance – a key study
for further details: firstname.lastname@example.org; +852 9244-6622