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17 April 2015 / Michael Young
Issue: 7648 / Categories: Features , Expert Witness , Profession
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Unclear & present danger

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Michael Young asks, are we divided by a common language?

“If language is not correct, then what is said is not what is meant; if what is said is not what is meant, then what ought to be done remains undone” (Confucius).

Lawyers and expert witnesses inhabit entirely different intellectual worlds. Lawyers have been trained to extract information from documents, to ask closed questions, and above all, to win their argument no matter which side they are on. An excellent lawyer will be able to present a good argument from both sides. The expert is in some respects an interloper. The lawyer relies heavily on the expert helping them win their case. However, technical expertise does not automatically qualify someone to be an expert: very different skills and competencies are also required. One of those skills is the ability to “translate” the language of their profession into language that can be easily understood by the legal profession who are, after all, lay people in this context. It is often this failure to translate,

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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