Posted By Christopher
If I am employed as a competent person within an organisation, does that mean that I could find myself in court as the expert witness for the organisation.

How do you define expert?

Anyone any experience of having to go into court as the expert witness?

I have been asked to do so for an organisation that I left some considerable time ago, and would appreciate any ones' thoughts on this matter.

I know that I could received expert witness training, I'm just not sure what it means.

Posted By Ian Blenkharn
I have worked as an expert witness in the filed of waste management, infection control, hygiene and biosafety for many years, and continue to do so.

There are no specific qualifications that make you an expert witness, or even an expert! But you do need to know your subject inside out, be fully up-to-date and have a considerable experience in your field. You need to be at the top of your geame. Many so called expert witnesses are savaged at their first attempt by being unfamiliar with their subject and unable to withstand being cross-examined by an experienced QC. It's one hell of an experienced for the uninitiated - and still is after all these years! But you're not likely ever to get that far unless you can prove by your CV that you are the person for the job, and impress the instructing solicitor. They do use several registers of established experts, and look for publications, and lecturing/teaching on the subject, and compare the experience of several potential experts for each case. Once you have been accepted into the system and have a proven track record, with periodic review by legal teams you have worked with, more work generally follows.

Training is available - but its very expensive. It will not tell you anything about your specialty, but how to prepare reports, how to work in Court and elsewhere, how to present information, etc. It is well worth it but don't consider that training just to find work as an expert witness.

Don't go down this route unless you are very very very experienced in your field. You will have a duty to your clients and, more importantly, a duty to the Court, to be on top of your subject. If not, the penalties can be severe indeed. And your professional reputation is at stake. Bad news spreads fast!

As a competent person, there is some measure of experience, by time served on the job, training or qualification etc. Not so with an expert witness, but in the Courts a Judge or Barrister will soon flush out the unwary or inexperienced and dispatch them ruthless efficiency. That, plus the close vetting by the instructing solicitor before instruction is given has been considered sufficient to maintain standards.

Ian

Posted By Diane Thomason
Christopher
I can understand your problem.
I'm no expert on this and stand to be corrected by someone who is - but I was under the impression that normally the EW would be an "independent" expert - i.e. someone from outside the organisation who specialises in this kind of work.
I don't think the company can just nominate you to be an EW on their behalf. You can be a witness, yes, but not necessarily an EW which is something different altogether.
As I say I'm willing to be corrected if this is wrong.

Posted By Christopher Kelly
Expert witness is different than a competent person. The competent person has duties to fulfil certain responsibilities for a company (eg carry out Thorough Exam of lifting equipment).

A competent person could be an expert witness, however most reputable expert witnesses are on a register. There was a case recently where an expert witness was proved to be wrong and was then found not to be on the register of expert witnesses - severely criticised.

An expert witness could be called to give evidence against you / your company, or on your behalf / in your defence. Competent person is more likely to be in the chair explaining why they did or did not do something.

If I were you I would go and see a solicitor, make sure you get someone with experience in this area, before becoming an expert witness.

Regards,
Chris