header-logo header-logo

29 April 2010 / Mark Solon
Issue: 7415 / Categories: Features , Profession
printer mail-detail

Working relationship

Mark Solon gives advice on working with experts during litigation

Two of the essential qualities in the relationship between a lawyer and an expert are respect for each other’s roles, and good communication. You need to create an effective working relationship with the expert, instructing him carefully and honestly, maintaining a dialogue with him and encouraging him to be pro-active. Too often, solicitors expect experts simply to produce a report to a timetable, preferably a favourable one, and to be available almost instantly to carry out any follow-up work on the case. This is not a recipe for a fruitful relationship.

Remember that experts are not lawyers. Any legal points should be clarified for the expert, as appropriate, and the expert should be discouraged from commenting directly on legal liabilities, in writing or orally.

When each side has their own expert the solicitor may wish to use his expert, particularly an expert working on liability and causation, as an adviser throughout the proceedings (subject to proportionality), although his independence must not be compromised. Making an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll