Choosing the expert

Choosing the right expert for your case is critical. The process of assessing the appropriateness of a potential expert should not be undertaken lightly. Ideally, a combination of qualifications, training and experience should appear on the expert's curriculum vitae. Defining what are the important issues are in a particular matter will refine the search process. Avoid using the same experts all the time for the sake of their credibility as much as your own. The choice of experts should be dependent on each individual case, even if you generally handle cases in the same area and with similar facts.

In assessing the appropriateness of an expert, ensure you receive an up-to-date resume and review it thoroughly before committing to any arrangement. If using EOS to source an expert, either specify the expertise (or the expert if known) or ask for our recommendation as to the appropriate expertise for the task. When needed, on larger cases, we are able to recommend a multi-disciplinary team of experts who can compliment each other's work. This avoids the danger of having an expert step outside the scope of their expertise.

Briefing the expert

When instructing the expert, you should explain the way the opinion will be used, the expert's obligations and the limit and scope of the brief. Verbally discuss the case and the relevant issues with the expert to clarify the basis of your brief but always ensure you follow this up with a written brief.

The brief

The quality of the brief is inextricably linked with the output of any report, so take your time and ensure the brief truly reflects your case strategy and requirements of the expert. If you later find that changes need to be made to the original specified direction, again ensure it is in writing so there is a transparent paper trail leading to the final report.

Explaining the background of the matter may have benefits in prompting the expert to raise areas for consideration that can be a great time saver as you move forward.

Minimise legal terms and use plain English. Encourage experts to minimise their own use of technical jargon.

If you require the expert to contact you and discuss the matter prior to commencing work, specify this in the letter of instruction. Similarly, clearly specify if you want a verbal rather than written opinion. If you require a draft report, again, clearly set this out in the letter of instruction. It is also important to specify your expectations in terms of timing of the report at the outset and update the expert if this requirement changes.

Inclusions

When briefing, if you refer to any inclusions, make sure they are relevant. Be prepared for the expert to rely on them and list them in their report. If additional information is required, clarify who is the source of that information. If you expect the expert to organise a site visit, make sure they have the requisite details.

We also suggest inclusion of a copy of the relevant expert witness code of conduct.

The fee

Once the expert has received the brief, they should be in a position to estimate their costs. EOS provides a fee proposal for work detailed in the brief and any associated costs. This is authorised by you before any work by the expert commences.

Communication

Be available for interaction with the expert during the case. Keep them abreast of any changes to the case strategy. Supply them with any relevant additional information as it comes to hand. If using EOS, we are happy to project manage experts, ensuring that site visits are attended, drafts submitted and deadlines met.

The report layout

It is a good idea to develop a preferred report layout. Providing this kind of guidance to an expert at the outset can ensure the satisfaction of all parties as to the end result. A suggested form of report may include the following:

• Table of contents, including list of attachments
• Relevant qualifications and experience
• Executive summary
• Statement of facts/issues
• Sources of all data
• Assumptions
• Methodology
• Recital of tests and findings
• Analysis of findings
• Conclusions and observations
• Glossary
• Curriculum vitae
• Other attachments

Regardless of the format, the following elements are crucial elements of the best reports:

Clarity, Precision, Brevity, Relevance, Directness and Orderliness.

On completion

Don't forget to inform the expert when a matter reaches its conclusion. Feedback to experts whether positive or negative is vital to their improved skills in the litigation environment.