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29 April 2010 / Mark Solon
Issue: 7415 / Categories: Features , Profession
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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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