Expert witnesses - training should be mandatory

Two things are requisite for anyone acting as an expert witness:

First, they must have high levels of subject matter expertise. Secondly, they must be able to discharge the role of expert witness effectively and in accordance with relevant judicial rules.

Expert witnesses are appointed to provide testimony to courts, and other tribunals, because they have high levels of subject matter expertise. They play a central role in the judicial process. Their job is to communicate matters that fall within their area of expertise to a tribunal, so that the tribunal is able to understand technical matters that fall outside its sphere of knowledge. In other words, expert witnesses ensure decisions made by tribunals are fully informed and connect properly to the issues at the heart of disputes.

The key constituent of expert evidence is specialist subject matter knowledge.   An expert witness will know lots more about a specific subject than most people, including many of their peers. They will definitely know more than the tribunal does, and the tribunal needs to understand it better in order to make an informed decision. It's the expert's job, therefore, to make sure the tribunal is fully informed, even if the knowledge the expert conveys might damage the case of the party who has instructed them.

The problem is that instructing parties may not know how experienced and knowledgeable their expert is in actually discharging the role of expert witness. It is conceivable that many expert witnesses actually lack a genuine understanding of how to do the job of expert witness.

In recent times it has become clear that technical knowledge is no longer enough qualification for someone to be an expert witness. It is evident that courts and other tribunals increasingly demand that experts have high levels of legal proceedings competence. In some cases, courts have insisted that persons who wish to appear as expert witnesses must first demonstrate they have undertaken formal training in the role. Consequentially, instructing parties will often seek experts who have much more than a mere grasp of rules and protocols for giving evidence. Those who have not, take the risk that their evidence will carry less weight. It is possible that judges will even decline to take evidence from anyone who is not trained in the role.

Expert witnesses need to be highly skilled at writing reports in words that the tribunal will understand. They must give oral evidence clearly and confidently. This is especially so when challenged by barristers whose examination methods can sometimes appear to be deliberate attempts to undermine the credibility of experts and the evidence they give.

High quality expert witness training programmes are necessary to teach professionals core skills around how to write reports correctly, and how to give evidence in the witness box. Effective schooling in how to properly discharge the role ensures experts understand the relevant law and the primacy of their duty to the tribunal. It helps experts to appreciate the importance of assembling only information that is relevant. Training teaches experts how to communicate their specialist knowledge effectively to people who are not subject matter experts, and who may not understand much of the technical jargon used by people more experienced in the subject.

Formal expert witness training and qualifications educates experts about how to work efficiently and positively with lawyers, and how to properly define a brief. Experts who are well trained acquire high levels of confidence. The qualifications they achieve through training enables them to demonstrate that they have first-rate courtroom skills, and have mastered the art of dealing with robust cross-examination.

In summary, instructing parties naturally desire experts who have high levels of technical expertise, but they are also increasingly demanding additional proficiency in communication, judicial procedure and courtroom skills. They want subject matter experts who are trained and qualified to act as expert witnesses.