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NLJ this week: Choose your expert & no improper influence

28 October 2022
Issue: 8000 / Categories: Legal News , Profession , Expert Witness
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In an expert witness double-bill this week in NLJ, Mark Solon, founder of Bond Solon, warns of the perils of improper influence, recounting some cautionary tales in the form of recent caselaw.

There are professional risks for experts should they ignore the rules (and the client’s case may also be jeopardised), so why do people continue to do it? As Solon points out, experts ‘risk their reputation and credibility’ and may find themselves named in the judgment!

Solon writes: ‘It sounds basic, but the duty of the expert is to the court and not the paying party. The opinion must not be influenced by the lawyers and be seen not to be influenced.’

Forensic accountant Rakesh Kapila considers the issues at stake when deciding whether or not to hire a forensic accountant, and who to choose. He sets out examples of where they would be required and offers nuggets of advice on what to look for when considering the best expert for the job.

Kapila reminds NLJ readers: ‘The choice of a forensic accountant may make a significant difference to the outcome of a case and it is therefore important that a specialist with the right attributes and level of expertise is selected.’

See Mark Solon's article on improper influence here, and Rakesh Kapila on forensic accountants here.

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

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The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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