If you have thought about practising as an expert witness and want to explore what is involved, this page is designed to help. Every area of practice has its own language and procedures, and some of the terms and expectations are introduced below.

What is involved in practising as an expert?

An expert witness is someone instructed to give or prepare expert evidence to assist in legal proceedings, usually by a party or their lawyers. Lawyers understand the law, but they may need specialist help to understand professional practice, technical issues or what has happened in a particular case. That is where the expert comes in.

As an expert witness, you have an overriding duty to the court that takes precedence over your duty to the party who appoints or pays you. This may take a little getting used to. You must be impartial and independent at all times. You are there to assist the court, not to argue the case for the person instructing you.

You will usually be asked to address particular issues set out in your instructions and, where applicable, in the court’s directions. You should only accept an appointment where those issues fall within your expertise. Do not be tempted to express opinions outside it. Courts take a dim view of experts who stray beyond their proper field.

In the early stages of a matter, you may also be asked to advise on the technical issues or help identify the questions that need to be addressed. That advisory role can sometimes lead to a formal appointment as an expert witness. Before accepting an appointment, consider whether there are any conflicts of interest, previous involvement or connections with the parties that should be disclosed. These should be raised with those instructing you at the outset.

Preparing your report

Once appointed, you will normally be asked to consider the evidence and prepare a report setting out your findings and opinions. You must apply appropriate professional or industry practice and maintain a current understanding of accepted methods within your profession. The form and content of the report must comply with the rules applying to the proceedings in which you are instructed.

The Academy provides training on the procedures, the basics of the law and the requirements of an expert report. Expert reports have specific requirements as to their content. They should be evidence-based, distinguish clearly between fact and opinion and explain the reasoning on which the opinions are based. The Academy’s Model Form of Expert Report is designed to help experts present their evidence in a clear and judge-friendly format.

You are expected to draw upon appropriate professional and industry practice and present your conclusions logically so that a non-expert can understand how you reached them. Many people assume this is straightforward, but good expert report writing is a skill that develops with practice. The lawyers instructing you will expect you to make the connection between the evidence, your reasoning and the issues in the case clear. They are unlikely to be impressed by a report that contains large amounts of technical material but does not answer the questions they have asked. Where you cannot reach a definite conclusion, explain why.

What happens next?

Your report may ultimately be relied upon as evidence in the proceedings, subject to the court’s permission and directions. If another party has appointed its own expert, reports may be exchanged. You may then be asked to consider the other expert’s opinion, answer questions, take part in a discussion between experts or prepare a joint statement identifying areas of agreement and disagreement. The Academy publishes guidance on joint statements. Exactly what happens will depend on the case and the court’s directions.

If the matter proceeds to trial or a hearing, you may be called to give oral evidence and be cross-examined on your report and conclusions. Many cases, however, settle before judgment. Settlement can happen at almost any stage, so your involvement may come to an end unexpectedly, even if the case is being prepared on the basis that it may proceed to a final hearing.

Suitability to practise

The context in which an expert witness works is usually a dispute, and that can be demanding. It is worth considering how comfortable you are with having your opinions examined and challenged. Before investing heavily in developing an expert witness practice, it can be helpful to attend a public court hearing and speak to experienced experts about the realities of the role.

You need to be analytical and able to apply your expertise to the issues in dispute. Equally important, you must be able to explain your findings and reasoning to people who do not share your specialist knowledge. A good expert clarifies issues rather than making them appear more complicated. You must communicate competently both in writing and orally, and lawyers considering instructing you will want confidence that you can explain your evidence clearly and, if necessary, deal with cross-examination.

Everyone has to start somewhere. If you are new to expert witness work, your professional experience, technical expertise, preparation and training will be particularly important. Being new to expert witness work is not the same as being inexperienced in your profession. What matters is whether you have the relevant knowledge and experience for the particular issues on which you are being asked to give an opinion.

It is particularly important to be conscious of the assumptions underlying your own opinion and those relied upon by others. If facts or assumptions change, you must consider whether your conclusions also need to change. If you rely on broad statements or unsupported generalisations, they are likely to be tested in cross-examination. It is far better to explain why you hold an opinion and the evidence or professional experience on which it is based.

On a large case, you may be presented with substantial and sometimes conflicting information. You will need to use your professional experience and your understanding of the issues to plan and carry out an orderly investigation. The information provided to you may occasionally be incomplete or misleading, and important facts may have been overlooked. Part of the expert’s task is to make sense of the available material and present a clear explanation of the opinion reached and the basis for it.

You should also consider reasonable contrary opinions and be able to explain why one conclusion is preferable to another. This is no role for the zealot or the bombast.

Before accepting an instruction

You must be available to fulfil the appointment properly. Small cases may sometimes be accommodated around other commitments, but larger cases can be demanding of time. You should check that your employment arrangements, if applicable, allow you to undertake expert witness work.

• Agree your fees and terms in writing. The Academy has further guidance on expert fees and terms and publishes Model Terms of Engagement.
• Check that your professional indemnity insurance covers the type of expert witness work you intend to undertake.
• Be realistic about the time the work may require.

The Academy’s Code of Practice for Experts also covers matters including terms of business, professional conduct and confidentiality.

The Academy provides training that includes cross-examination by a barrister, giving you an opportunity to experience and practise the process before doing it in a real case.

Gaining recognition as an expert

When making an appointment, lawyers will normally look for evidence that the person they are considering genuinely has the expertise required for the case. Ideally, they may want someone who has already acted as an expert in a similar matter. That is not always possible, and every experienced expert had a first instruction.

The attributes they are likely to consider include:

• academic and professional qualifications;
• membership of, and continuing professional development within, relevant professional institutions;
• evidence of standing within the profession, for example lecturing, publication, conference speaking or recognised technical work;
• practical professional experience; and
• knowledge and experience directly relevant to the issues in the case.

Expert witness training from a reputable organisation such as The Academy of Experts can also demonstrate that you understand the particular responsibilities involved in expert evidence.

Lawyers making an appointment place considerable reliance on an expert. A poor appointment can be costly for them and their client, so they will normally want reassurance that the expert understands both the technical issues and the duties associated with the role. The Academy offers training courses and events designed to provide reliable guidance and help experts develop their practice.

Experts who fail to meet their duties can be criticised by judges and, in some circumstances, face professional or legal consequences. Expert witness work should therefore be approached as a serious professional responsibility rather than simply an extension of ordinary consultancy work.

Many professional institutions also have special interest groups for members who practise as expert witnesses. The Academy encourages and supports such groups, and some are associated with The Academy.

The rules

The resolution of every dispute takes place within a framework of rules and procedures. An expert needs to understand enough of that framework to fulfil the role properly.

Litigation is highly procedural. Arbitration, adjudication and other forms of dispute resolution also have their own requirements. The Academy’s Foundation Course, for instance, is designed to explain the key principles and help those starting out understand what they need to know.

Familiarity with the relevant procedure can also help you deal confidently with those instructing you and understand what will be expected at each stage of the case. Reputable training should do more than tell you what the rules say. It should help you understand how they affect the work you actually do, and the Academy’s training is designed with that practical approach in mind.

The Ikarian Reefer

Lawyers often refer to precedent, and many of the principles applying to expert witnesses have developed through decided cases. One of the best-known is The Ikarian Reefer. On 12 April 1985 the vessel ran aground, ultimately giving rise to litigation heard by Mr Justice Cresswell.

In his judgment, The Ikarian Reefer [1993] 2 Lloyd’s Rep 68, Cresswell J set out a number of principles concerning the duties of expert witnesses. Those principles remain influential and are reflected in modern rules and guidance on expert evidence. You will encounter the case during expert witness training, and barristers may refer to its principles when examining an expert’s approach and independence.

Civil proceedings in England and Wales

For civil litigation in England and Wales, the principal rules are contained in the Civil Procedure Rules. CPR Part 35 deals specifically with experts and assessors and should be read alongside Practice Direction 35.

The Civil Justice Council’s guidance on the instruction of experts is also an important reference. Different rules apply in criminal proceedings, family proceedings, tribunals and other jurisdictions. Although many jurisdictions apply similar underlying principles, you should always check the rules relevant to the particular proceedings in which you are instructed.

See also our section on Alternative Dispute Resolution.

Routes to membership

The Academy of Experts has a demanding route to accreditation because it believes that proper standards are essential both for the courts and for those instructing experts. There are, however, membership grades for those starting out as well as for experienced practitioners.

All applicants are asked to provide:

• references;
• a CV;
• a completed application form; and
• details of appropriate professional qualifications and professional body membership, where applicable.

Applications are assessed on relevant professional experience and experience of expert witness work, including reports written and signed in your own name. Expert witness training is desirable but is not itself a strict requirement for admission.

For application forms and further information, see Applying to Join. If you are unsure which grade is appropriate, complete our pre-application questionnaire.

Associate

You will be asked to provide information about your qualifications and professional experience, but you do not need to have an established expert witness practice to join as an Associate. Associate membership provides access to discounted training and Academy events, which also give members opportunities to meet practising experts and learn from their experience.

This grade is particularly suitable for people who are preparing to undertake expert work or are still developing the experience needed for progression to Senior Associate or Full membership.

Senior Associate

Senior Associate membership is intended for those with appropriate professional qualifications and experience who do not yet have sufficient experience of acting independently as an expert to qualify for Full membership.

It may also be appropriate for those who have worked as part of expert teams but have not yet accumulated enough experience as the expert directly instructed in their own name. Senior Associates may use the post-nominal letters SAAE.

Full practising membership

Full membership is for established practising experts who can demonstrate both substantial professional expertise and practical experience of acting as an expert witness.

Applicants will normally be expected to show a track record of undertaking expert work in their own name, including preparing and signing expert reports and dealing directly with those instructing them. The Academy will look at the nature, extent and relevance of that experience, rather than simply the number of instructions undertaken.

As part of the assessment, Full Member applicants are asked to submit a copy of an expert witness report. This may be anonymised, must not be from a live case and will ideally have been prepared for one of the referees. The report helps the Academy assess the applicant’s ability to identify and address the relevant issues, distinguish fact from opinion, explain the reasoning behind conclusions and meet the standards expected of an expert witness.

Fellowship

Experienced Full Members may apply for Fellowship of the Academy. Fellowship may be conferred on those able to demonstrate a high standard of professional competence in their profession or calling, together with substantial knowledge and experience as an expert, adviser or witness and an understanding of legal procedure and the law of evidence.

Applicants must have been Full Members of the Academy for at least two years.

Training

The Academy of Experts has a well-developed range of expert witness training courses delivered by experienced practitioners. We are happy to advise those starting out on a suitable training path, taking account of their existing professional and expert witness experience.

Building your practice

Lawyers are often willing to consider new experts, but they may understandably be reluctant to place a large or particularly demanding case entirely in inexperienced hands. Many experts therefore develop their practice initially through smaller cases, supported by appropriate training and advice.

Online Presence

There are expert directories, some more useful than others, which lawyers may consult when looking for someone with the right expertise. For smaller matters in particular, they may simply be looking for somebody who has the required specialist knowledge, is available and can deal with the work proportionately. Some experts are content to continue with smaller cases, fitting expert witness work around the rest of their professional practice.

Those admitted to membership are eligible for inclusion on the Academy’s ExpertSearch register. This provides a means by which lawyers and others can identify experts and verify their Academy membership.

If you want to develop a practice involving larger or more complex instructions, it helps to become known to the solicitors and barristers working in your particular field. In many specialist areas these are relatively small professional communities, and reputation matters. Lawyers remember experts who are reliable, independent, clear in their opinions and easy to work with. They also remember those who are not.

Those who have been pleased with your work may be willing to provide references or recommend you to colleagues.

Social Events

There is also a social side to the Academy. Members often continue discussions after meetings and events, giving newer experts an opportunity to compare notes and learn from the experience of others. The Academy also runs events and provides support on the practical aspects of developing and promoting an expert witness practice.