Being instructed as an expert witness can be an interesting and fulfilling aspect of professional life, but it’s not without its challenges. One of the most common (and under-discussed) issues experts face is how to manage their instructing solicitors.
It’s easy to assume that once you’re engaged, expectations are fixed and your role is simply to deliver. But in reality, managing your instructing solicitor is a key part of ensuring that what you deliver is useful, compliant, and capable of standing up in court.
Academy Council Member Helen Gregory of Opus Forensic Accounting has helpfully provided her five top tips for how expert witnesses can work most effectively with their instructing solicitors.
1. Be realistic about deadlines — and say no if needed
There’s a temptation to take on every instruction that comes your way, particularly if you’re self-employed and don’t know where the next one is coming from. But accepting unrealistic deadlines can cause problems for all involved. Rushed reports are more likely to contain errors, lack clarity, or fail to meet procedural requirements. And in the worst-case scenario, they can be thrown out by the court entirely.
It’s better to decline a job than to submit something half-baked. Be clear at the outset about what’s feasible and remember to factor in time not just for writing the report, but for reviewing documents, requesting further information, meetings with the solicitor and client, responding to queries, and navigating any surprises.
2. Build in contingency: Something will crop up
In theory, you receive a neat, complete bundle of documents and a clear brief. In practice, things are rarely that tidy. Documents arrive late or in multiple batches, some are missing or out of order, and the questions you need to address will take time to answer.
You need to allow for contingency: time to request clarifications, review additional information, and think critically about what you’re being asked to do. The more flexibility you build in, the more likely you are to produce a report that is robust, complete, and helpful to the court.
3. Understand the limits of your visibility
One key challenge is that, as an expert, you often operate in isolation from the wider case. You may see only a snapshot of the full picture. It’s important to remain focused on your instructed area and resist the temptation to speculate beyond it.
At the same time, remember that lack of context doesn’t remove your duty of care. If documents appear incomplete, if your opinion feels influenced, or if something doesn’t sit right, you must raise it. You are reporting to the court, not acting as an advocate for either party.
4. Deliver bad news where it’s warranted
It’s not always easy to say your client doesn’t have a case. But as an expert witness, you have a duty to give your honest, professional opinion, even if that opinion isn’t what the instructing solicitor wants to hear.
Be aware that some may (consciously or otherwise) attempt to steer your opinion. Stay alert to missing evidence, biased questions, or subtle attempts to frame a narrative. Your integrity and credibility depend on your ability to remain independent and evidence-based.
5. Know the rules and review your report thoroughly
Expert reports must comply with the relevant Civil, Criminal or Family Procedure Rules. That includes formatting, content, and declarations. A technical report that omits the correct statement of truth or includes the wrong version risks being ruled inadmissible.
It’s also essential to re-read what you’ve written. That may sound obvious, but when deadlines loom and multiple drafts are flying around, it’s easy to miss a critical detail. The best option is to ask someone else unconnected to the case to read and cast it, but that may not always be possible so do make time to review your own work with a clear head. You may be cross-examined on your report, so make sure you’re comfortable defending it.
Final thoughts
Whatever your discipline, acting as an expert means more than just knowing your subject. It requires planning, time management, self-awareness, and the confidence to push back when needed.
Clear communication with instructing solicitors, realistic boundaries, and careful preparation are vital. If in doubt, The Academy of Experts offers training, guidance and support to help navigate the more complex aspects of expert witness work.
Helen is a Partner at Opus Forensic Accounting, part of the Opus Business Advisory Group, and brings over 25 years’ experience in civil and criminal investigations, commercial disputes, and matrimonial matters. A trusted expert witness and active figure in the sector, including roles with The Academy of Experts and the South West Fraud Forum, she recently joined Opus, a national advisory firm with 14 offices, 35 Partners, and specialist divisions spanning restructuring, strategic advisory, forensic accounting, and equity.
