Posted By Ian Blenkharn
I regularly accept instruction as an Expert Witness in my chosen speciality, and have done so for over 20 years.
As a microbiologist, higher degree qualifications for me are an absolute necessity. I also need membership of a number of different professional organisations and a full and comprehensive CPD programme (I am in 3 of them!). I would not get anywhere without this as an absolute minimum.
The Courts expect an analytical approach to my work, and probably everything else that is dealt with under the title Expert Witness. This is where the university education is really important, to analyse and dissect the deeper issues, as well as being fully up-to-date with the subject, and with the history of the subject (ie, be up to date for something that happened x years ago and be able to consider an issue by the standards of that day).
For myself, and most of my peers, the essential key is a research-based career with an ever-growing list of peer-reviewed medical and scientific publications. It is this work that 'proves' ability and secures the essential peer approval. That would not be obtained from a succession of basicaly technical training, no matter how many update courses are used to supplement that.
Some may have technical skills, and could no doubt trot out chapter and verse of current legislation, but that is not always the point. Can they reliably disect the more complex issues involved, and do so with confidence? I take my hat off to those with the technical and practical skills in their subject, who may keep up to date with legislation and COPs etc but in Court, they will surely fail dramatically without the additional knowledge-base that supplements current awareness.
In this arena, the bitter truth is that many get a great kick out of a little bit of Expert Witness work, and may survive for a while, but without a deep, very deep, understanding of their subject, and an critically analytical mind, they will fall from grace dramatically and often painfully.
I have witnessed this on several occasions.
They are generally the hired gun type of individual who will be persuaded to say what an instructing solicitor wants them to say. They may add a liberal scattering of 'facts' lifted from COPs, technical guides and the like, but will fall apart under cross-examination. If they are lucky, they wont be asked back again and can put it behind them. But if they are really bad, or just plain unlucky, they may experience the wrath of the Courts, or of a particularly irascible High Court judge! It's not a pleasant event, but happens to those who are slap-bang up-to-date with their subject area but without the depth and breadth of knowledge to supplement the information that they spill out by rote.