Using an Independent Expert Witness

How I work

Independent 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.

 Advisory

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.

Single Expert

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.

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2. Why do you need an Expert?

1. To assist the Court, or it’s constituents in a specialist field of knowledge
2. Help Court understand the issues
3. Help you and other side understand the issues
4. Strengthen your argument or weaken the other side
5. Intimidate the other side
6. Common law system is evidence based

See CV’s and resumes here.

How do you use an expert?

 They are:

1. Unpredictable
2. Opinionated
3. Biased
4. Knowledgeable
5. Independent
6. Analytical
7. so you need the right Personality: calm, diligent, communicative…

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See also this page for :

How to Appoint an Expert, My Commitments on Appointment, Preparing the Evidence, and the impact of Behavioural Finance – and bias.

PDF version of this page:  Using an expert

for further enquiries:  richardharris@portshelter.com;  +852 9244-6622

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