Unscrupulous expert witness agencies guidance

Positive signs to look out for

Conversely, you should look out for positive signs that the person approaching you represents a respectable and legitimate agency:

• The contact has a reasonable explanation for why they are approaching you, e.g. you were recommended to them by one of your colleagues, you have the skill set they are seeking for a specific case or case type. • They provide you good information about their organisation and their working practices including links to good publicly available information. • They have clearly spent a reasonable amount of time reviewing the publicly available information about your qualifications and experience and clearly have a good general understanding of your profession. • The rates they are offering seem reasonable and they explain how commitments beyond the report (such as Part 35 questions or attending expert discussions) will be remunerated. • They are clear about when you will be paid for your work and that you will be paid in full for what you do, whether they receive payment or not. • They provide you with a full description of the duties and responsibilities of an expert witness including providing links to the relevant procedural rules, practice directions and guidance and asking you to review them carefully. • There is an emphasis on those duties when they discuss how you will write your report, including for example, the requirement of considering a range of opinion. • They are interested in whether you have training and experience as an expert witness. If you do not have specialist expert witness training, they encourage you to undertake this with a recognised body, prior to commencing work.

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