The role of an expert witness extends beyond technical expertise and practical experience. Experts must also have a solid understanding of the law and procedure that governs their work and how to navigate the wider court and tribunal system.
An expert witness who lacks these court skills and legal insight is likely to face criticism in court. This could lead to their evidence being undermined, which could potentially compromise the case.
In this article, we explore how undertaking expert witness legal training on law and procedure is essential for the long-term success of your expert witness practice. Legal knowledge builds credibility, reliability and trust - not only with instructing lawyers and law firms, but the court too.
Key Takeaways
- Experts must possess both professional expertise and the requisite legal knowledge.
- Legal knowledge acquired through professional training can impact an expert's credibility.
- Experts witnesses must comply with their core legal duties.
- Experts witnesses must comply with the relevant procedural rules.
- Legal knowledge safeguards against reputational risk.
- Legal knowledge helps experts navigate the litigation process.
- Expert witness training must be delivered by experienced lawyers-trainers.
The Expert Witness Role Is a Legal One, Not Just a Technical One
The role of an expert witness is to assist the court or tribunal to interpret complex issues in legal proceedings by providing independent, impartial opinion evidence on technical matters within their realm of expertise. This is conducted by way of an expert witness report.
To perform their role competently and compliantly, experts must also possess the requisite courtroom skills and knowledge on law and procedure.
Attending Professional Training on Law and Procedure Can Impact an Expert's Credibility
An expert witness is not only assessed on the quality and credibility of their evidence and report, but also on how they conduct themselves in court. This involves complying with core legal duties and procedural rules that govern their expert witness role (expert reports must include a declaration confirming compliance).
Risk to an expert's credibility
Without this knowledge on law and procedure, experts risk misunderstanding or overlooking the core principles that underpin their expert witness work. They may also lack the confidence and conviction to apply these legal principles in practice. Experts must never make a declaration of compliance in their report without knowing the rules. They will be cross-examined on their understanding of the rules - a failure to demonstrate this will result in them being discredited and their evidence dismissed or the court placing less reliance on it.
Attending a course
Attending professional training and events is one of the most effective ways an expert can ensure they are compliant with all the necessary procedural rules and core legal duties.
Core Legal Duties of an Expert Witness
Expert witnesses have several core legal duties that are an essential requirement for their role. These duties include:
- An overriding duty to assist the court on matters within their expertise. This duty overrides any obligation to the party instructing them.
- Demonstrating core competencies: independence and impartiality in the provision of their expert opinion and expert report.
- Demonstrating compliance with the procedural rules that govern their role (expert reports must include a declaration confirming this).
Understanding CPR Part 35 and Practice Direction 35
Civil Procedural Rules (CPR) and Practice Directions
CPR Part 35 is the part of the Civil Procedure Rules that regulates the use of expert evidence in civil proceedings. The overriding purpose of these rules is to ensure that expert evidence is clear, impartial, and helps the court reach a just decision.
CPR Part 35 is supplemented by Practice Direction 35 which provides further detail on formatting, procedures, fees, and expectations of experts.
Rules for other courts
There are also equivalent procedural rules for experts instructed in criminal and family cases in England and Wales - the Criminal Procedures Rules 2025 and the Criminal Practice Directions 2023 for criminal cases, and the Family Procedure Rules 2010 and relevant Practice Directions for family cases. Experts working in a jurisdiction other than England and Wales must ensure that they are familiar and compliant with the relevant rules in that jurisdiction.
How Legal Knowledge Protects Experts Professionally
The consequences for experts breaching core legal duties and procedural rules can be significant. Depending on severity of the breach, they include:
- Criticism in court and evidence being rejected.
- Complaints to professional bodies and subsequent disciplinary action.
- Legal sanctions such as liability for damages.
Expert witness training is not just essential for professional development, but it also safeguards against reputational risk and cost consequences.
How Legal Procedure Shapes Expert Evidence
In addition to outlining an expert's core legal duties, CPR Part 35 and Practice Direction 35 governs the process that experts must follow when giving evidence in civil proceedings. These procedural rules are supplemented by guidance from the Civil Justice Council.
There are also equivalent rules for experts instructed in criminal and family cases in England and Wales.
The key elements of the expert evidence process are:
- Letters of instruction sent to experts by instructing lawyers/law firms.
- Expert to create a CPR-compliant expert witness report.
- Expert to attend meetings with instructing lawyers and counsel.
- The court can direct meetings between experts, otherwise known as experts discussions with a view to narrowing the issues in dispute. It can also direct the experts to create a joint report or statement.
- The court will set deadlines for filing of key documents, such as expert reports and hearing dates.
The Importance of Expert Witness Training
As well as having the relevant qualifications and experience in their professional field, it is also expected that that those offering expert witness services are trained in how to work as an expert witness and keep their knowledge and skills in this area up to date.
Expert witness training must be delivered by experienced lawyers who are also professional trainers. This ensures that any training meets the standard required by law.
How we can help
Attending professional training courses will enable the expert to seek guidance directly from experienced lawyers.
Bond Solon's law and procedure courses covers all the core skills and knowledge expert witnesses require to fulfil their role compliantly and effectively.
The training will enable an expert witness to:
- Understand the litigation process in the relevant courts.
- Identify the role of an expert within the litigation process, specifically the provision of expert evidence.
- Demonstrate compliance with the legal duties that govern the role of an expert witness.
- Demonstrate compliance with the procedural rules applicable to an expert witness.