Introduction If you ’ ve been approached by someone representing an expert witness agency or asking you to prepare an expert witness report, it is important for you to understand the nature of the commitment you would be taking on and the character of the organisation that has approached you, before agreeing to act for them. There are many respectable and legitimate expert witness agencies who provide brilliant support to the expert witnesses who work with them. However, EWI has had continuing reports of the activities of some unethical agencies who prey upon experts who do not have a good understanding of expert witness work and who may be vulnerable to such approaches for other reasons. For example, they might have just entered their industry and lack substantial experience, making them unsuitable as expert witnesses, they may have recently immigrated to the UK and do not have a strong network here, or they may be under financial or other pressures. These unscrupulous agencies often contact experts through social media platforms, such as Linkedin, offering significantly below market rates for expert reports. They generally do not provide the expert with a good understanding of the role of an expert witness and even, in some cases we are aware of, mispresent the duties and responsibilities of an expert witness to an extent that would breach the rules and regulations. It is important to appreciate that if you are not fully cognisant of the role and duties of an expert witness or act outside your expertise, you could fall foul of the relevant procedural rules, potentially impacting your credibility and reputation and even resulting in a referral to your professional body. We do not want any expert to fall victim to unscrupulous agencies, so we have prepared a short guide setting out the red flags to watch out for in the approach of an unethical agency and, conversely, the sorts of positive signs to expect from a respectable and legitimate agency.
Disclaimer
Advice and guidance is provided in support of your work. It represents the Institute ’ s view of good practice in a particular area, and you are not obliged to follow it. It does not constitute legal or professional advice and should not be relied upon as a substitute for it. Whilst care has been taken to ensure that it is accurate, up to date, and useful, the Expert Witness Institute will not accept any legal liability in relation to it.
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