You might’ve seen an expert witness called to the stand in one of your favorite law dramas, like Suits. But have you ever wondered what it is that an expert witness does?
An expert witness is someone that has extensive training and experience in a specific area. It could be a weapons expert, behavior expert, or expert witness in assets.
The role of the expert witness is to conduct their own research and deliver a fact-based opinion in a trial.
Their opinion should be able to be relied upon and trusted since they are an expert in the area.
Usually, an expert witness will build extensive experience over the years and provide assistance in more than one case.
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Expert Evidence
The expert witness will be providing expert evidence – Expert evidence is essentially the expert’s opinion. The expert witness’ fundamental role is to assist the jury and judge in making a judgment by offering impartial expert/technical evaluation and conclusion on a given issue(s) based on the facts.
It should be that the evidence collected and analyzed can give a firm opinion and that the jury and judge can make a clear decision based on that evidence.
Duties
The expert witness’s duty is actually to the court, not either of the legal teams involved in the case. It is imperative that the expert witness is impartial and independent at all times.
They take an objective and unbiased approach to the case and only present opinions based on the facts of their own research and understanding.
An expert witness’s obligations to the court may clash with those they have to the client at times. From time to time, the expert’s opinion might differ from the one their client was hoping for – the duty goes to presenting the findings to the jury and judge as the witness sees them.
If the client tries to persuade the expert witness to change their opinion or conceal the detrimental opinion, the expert must oppose and, if necessary, cancel their appointment.
When new information is found, the expert witness is free to change their opinion – and sometimes, this will disrupt a case.
Privilege
The expert witness must provide all relevant instructions (s) in their expert report. Privilege does not apply to these commands.
Suppose a party instructs an expert before issuing proceedings and is subsequently appointed as an expert for the interests of the court cases. In that case, the instructions given before the beginning of the proceedings are normally protected from admission to the other party by privilege.
It is also common that the judge will request the two expert witnesses to meet and discuss why they are not currently agreeing, and perhaps this conversation changes the outlook of the entire care. Both witnesses here will issue a joint statement highlighting what they do and do not agree on.
An expert witness role is highly regarded, and it can be exciting and interesting too.
Perhaps becoming an expert witness isn’t for you, and you are still looking for your dream career: Effective Strategies to Build a Successful Career.