What does it really take to be an expert witness?
In the Spring edition of TREES Magazine, from the Institute of Chartered Foresters, the following article from Bond Solon explores how experienced arboriculturists and foresters can use their expertise in a legal setting - providing independent, impartial, and expert opinions during court proceedings.
For many, the term 'expert witness' can feel daunting, but the reality is often very different and can offer a stimulating, rewarding way to diversify your professional development.
Many people see the term ‘expert witness’ and run a mile, thinking of hard-hitting barristers on televised crime dramas giving experienced medical professionals a real grilling. But don’t be deterred, because the reality could not be more different. In fact, a side career as an expert witness could be an extremely stimulating and rewarding addition to your existing practice.
Arboriculturists and foresters can be instructed to provide their opinion as expert witnesses in a wide variety of matters, such as property damage disputes, planning disputes, tree valuation disputes, personal injury disputes and accident investigations.
What is an expert witness?
An expert witness is anyone with knowledge or experience in a particular field or discipline that is beyond that of a layman.
Expert witnesses will be instructed by a party (usually a law firm) to provide their specialist knowledge – by way of an opinion on a particular issue or set of facts in a case – to help resolve a dispute.
While their opinion is sought by one party (or sometimes both parties in a dispute – otherwise known as a single joint expert), an expert’s overriding duty is to assist the court with the ultimate outcome of a dispute by providing a report that is independent, objective and unbiased.
What it takes to be one
There are no legal requirements or mandatory qualifications to become an expert witness. The level and type of professional experience required will differ from case to case. Generally, however, instructing solicitors are increasingly likely to choose an expert witness based on two factors:
- Their specialist knowledge on a particular subject area.
- The number and type of cases they have worked on or any training they have undertaken in lieu of experience.
Expert witness work requires a different set of skills to a person’s main professional role. Experts must possess the competency to produce court compliant expert witness reports and, if necessary, give oral evidence in court and other legal forums.
It is also essential that experts are aware of and understand their mandatory duties under Part 35 of the Civil Procedural Rules and Part 19 of the Criminal Procedure Rules 2025. Specifically, their overriding duty to assist the court by providing ‘objective, unbiased opinions on matters within their expertise’ which ‘overrides any obligation to the person from whom experts have received instructions or by whom are paid’.
As with any professional role, formal training and CPD is needed to perform expert witness work compliantly and to best practice standards.
Why it might be for you
Admittedly, becoming an expert witness isn’t for everyone. But if you are keen to diversify your skill set with a new challenge and use your knowledge and experience for an entirely different but worthwhile purpose, whilst also supplementing your existing income, then becoming an expert witness might just be for you.
Bond Solon provides training covering all the core skills and knowledge expert witnesses require to fulfil their role compliantly and effectively. Find out more at here.