The dependable expert witness

AS an global institution regulated by Royal Charter, the primary duty of RICS is to maintain quality and ensure that members of the profession discharge their professional duties to the highest standards. Five factors which RICS has focused on when developing expert witness accreditation are: Credibility: Expertise in the relevant subject matter is the most obvious factor in determining who is to be an expert. Those who take instructions to act as experts will know that their expertise will often be examined in detail by opposition lawyers. Experts’ opinions will nearly always be balanced against the opinions of experts instructed by opposing parties. The credibility of experts will be tested throughout. I Procedure The judicial criticism mentioned above, and the obligations experts assume when engaged to act as expert witnesses go way beyond the giving of advice on a specialist subject. Expert witnesses must be able to demonstrate a genuine understanding of the procedural requirements for giving expert evidence and, for example, they must be able to meet deadlines and produce written reports that comply with requirements of the courts in which they appear. Experts must be credible in the witness box. They should understand the procedures for giving evidence under examination and, critically, crossexamination. In a growing number of jurisdictions, they must now also be able to demonstrate skills in giving oral testimony. Impartiality:: An expert’s evidence should express an independent view that is both objective and, if necessary, critical of arguments put forward by his or her instructing party. Expert witnesses, and those who instruct them, must recognise that the primary duty of an expert witness is always to the court/tribunal. Professionalism: Expert evidence can be undermined if the expert’s approach to preparing and writing a report is sloppy, or oral testimony is not presented effectively or the expert struggles under cross-examination. The focus on professionalism goes to all aspect of the expert’s role and includes even how to dress when attending and giving evidence in court and how to behave appropriately in court so as to make as good an impression as possible Training and accreditation: RICS has recognised globally, that there is a growing demand by instructing parties for experts who do not just provide subject matter expertise, but who have also undertaken specific expert witness training. Those who instruct experts require value-for-money and they require experts who are qualified in their subject and understand their duties as as experts and expert witnesses.