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Solicitors must ensure they choose the right expert witnesses in trials Solicitors must ensure they choose the right expert witnesses in trials
(7 days later)
Mark Solon responds to reported concerns over the training of experts used in English courtsMark Solon responds to reported concerns over the training of experts used in English courts
In your case study (Expert witnesses are ‘weakest link in English justice system’, says wrongly convicted surgeon, 15 June), David Sellu suggests that there are no “prescribed training programmes” for expert witnesses to ensure that the evidence they give is unbiased, high-quality and follows all legal procedures.In your case study (Expert witnesses are ‘weakest link in English justice system’, says wrongly convicted surgeon, 15 June), David Sellu suggests that there are no “prescribed training programmes” for expert witnesses to ensure that the evidence they give is unbiased, high-quality and follows all legal procedures.
In fact, Bond Solon, mentioned in your main article on this subject (Politicians, lawyers and doctors express concern over use of expert witnesses in English courts, 15 June), has for more than 30 years ensured that there is proper training available, so experts know how to construct a court-compliant report, conduct a proper investigation and comply with court rules. Tens of thousands of experts have been trained since, and have attended university-certified programmes. Other providers have followed suit.In fact, Bond Solon, mentioned in your main article on this subject (Politicians, lawyers and doctors express concern over use of expert witnesses in English courts, 15 June), has for more than 30 years ensured that there is proper training available, so experts know how to construct a court-compliant report, conduct a proper investigation and comply with court rules. Tens of thousands of experts have been trained since, and have attended university-certified programmes. Other providers have followed suit.
There are hundreds of cases every year where experts have been involved without any problems, and many experts have assisted by giving evidence to overturn wrong convictions. Suggesting expert witnesses are the weakest link in the system is perhaps unfair. Solicitors must exercise due diligence in the selection and instruction of experts to make sure that they have the right expert for the issues in dispute and that any expert they instruct is aware of the full extent of their legal obligations.There are hundreds of cases every year where experts have been involved without any problems, and many experts have assisted by giving evidence to overturn wrong convictions. Suggesting expert witnesses are the weakest link in the system is perhaps unfair. Solicitors must exercise due diligence in the selection and instruction of experts to make sure that they have the right expert for the issues in dispute and that any expert they instruct is aware of the full extent of their legal obligations.
Experts can be cross-examined on their qualifications and experience, and judges can determine whether their evidence is admissible. The whole process must run smoothly, so it is not just experts who should be under scrutiny.Mark SolonChairman, Wilmington Legal; founder, Bond Solon Experts can be cross-examined on their qualifications and experience, and judges can determine whether their evidence is admissible. The whole process must run smoothly, so it is not just experts who should be under scrutiny.
Mark Solon
Chairman, Wilmington Legal; founder, Bond Solon
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