4 minute read
Top Tips for presenting expert witness evidence in Court
Presenting expert witness evidence in Court…
Top tips for Chiropodists and Podiatrists
Advertisement
Chiropodists and Podiatrists who act as expert witnesses may find themselves in a court giving evidence. The witness box is a lonely place and experts can feel they’re on trial, standing in the dock rather than giving independent testimony to assist the court. Doubt may be cast on their experience, notes, method of investigation and the procedures. Nevertheless, as an expert you must have the ability to competently and confidently present your findings and recommendations at court.
Yet with some thoughts it is possible to make the experience of giving evidence easier.
What are the main things to remember?
1 Be well prepared: You should make sure you know where the court is, arrive to on time and should dress well. You must be fully prepared and should know your expert witness report thoroughly so that you are not caught off guard. It is helpful to consider in advance where challenges in your evidence may arise.
2 Direct answers to the decision-maker:
You need to appreciate that it is the Judge who is making the decision in the case and that all answers should be addressed to them.
However, the questioning will come from the advocate. As soon as you take the stand, you should point your feet towards the decision-
maker. You should look at the person who asks you the question, by twisting your hips to face the advocate, and then turn back on each occasion to the Judge to give your response. When you have finished giving your answer, you should turn back to the advocate for the next question. This technique puts you in control, slows the pace down and allows you to focus on directing your answer to the person who is making the decision in the case.
3 Seek assistance of the decision-maker: You should address everything through the Judge. If you have not understood a question, or wish it to be rephrased, then this should be requested through the decision-maker. This is also a matter of respect of the fact that the decision-maker is presiding over the case. However, care should be taken by you if you feel that the question is irrelevant, inappropriate or indeed personal. Ultimately, it is for the Judge to decide, and not you, if a question is to be answered.
4 Communicate effectively: A court is not a natural environment. It is important to take time and speak clearly and slowly when giving evidence. In particular, avoid using jargon and technical terms. While addressing the decision-maker, remember they will often be taking notes. You may need to slow down in order to give them time to write. There is no microphone in court so you need to speak at an appropriate volume.
5 Assume nothing: You should not assume that the decision-maker has read or understood everything. You therefore need to take every opportunity when answering questions to elaborate and expand in order to ensure that you have given sufficient detail to the decision-maker.
6 Be ready for cross-examination techniques: The role of the cross-examining advocate is to try and limit or restrict an answer, look for flaws in the evidence and attempt to discredit your expertise. You should treat every question as an opportunity to give as much relevant detail as you feel necessary. 7 Techniques on cross-examination differ but may include interruptions, closed questions, multiple questions, hypothetical questions, or indeed an attack on your qualifications and expertise. The advocate may also try and undermine you through their tone of voice or gestures. By taking a moment before answering every question and directing your response towards the decision-maker, you can decide how much detail to give. If you have not understood the question or are interrupted before giving your full response, then you should seek the assistance of the decisionmaker. You can simply ignore any gestures or other theatrics designed to undermine you.
7 Don’t go outside your area of expertise
8 Answer honestly: You are under a legal obligation to tell the truth. This means, quite simply, if you do not know the answer to a question or cannot recall the details then you should express your answer in such terms. You should always be fair and balanced in the presentation of your evidence and should not to allow any personal views to creep in.
9 Stay calm: You need to remain calm, never arguing with the advocate regardless of their tone or possible rudeness. It is important to retain a professional approach in all discussions at court to project the image as a competent expert in the field of Chiropody and Podiatry.
Bond Solon is the largest provider of Expert Witness and Witness of Fact Training in the UK and have been involved in preparing witnesses in some of the UK and world’s highest-profile cases. Since 1992, over 250,000 witnesses have attended their programmes.
Bond Solon are delighted to have been invited to speak at the Institute of Chiropodists and Podiatrists Annual National Podiatry Conference between 11-12 May 2018 in Southport.
