Solicitors must ensure they choose the right expert witnesses in trials | Letter

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"Concerns Over Expert Witness Reliability Addressed by Training Programs and Solicitor Responsibilities"

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In response to concerns raised by David Sellu regarding the reliability of expert witnesses in the English justice system, it is important to highlight the existing frameworks that ensure the quality and impartiality of expert testimony. Sellu's assertion that there are no structured training programs for expert witnesses overlooks the significant contributions made by organizations like Bond Solon, which has been providing expert training for over three decades. These programs are designed to equip experts with the necessary skills to create court-compliant reports, conduct thorough investigations, and adhere to legal standards. Bond Solon has trained tens of thousands of experts through university-certified courses, and other training providers have emerged to support this initiative. This training is crucial in maintaining the integrity of expert testimony within the legal system, suggesting that the portrayal of expert witnesses as the 'weakest link' may be an oversimplification of a more complex issue.

Furthermore, the article emphasizes the responsibility of solicitors in carefully selecting and instructing expert witnesses, as their expertise directly influences the outcomes of legal proceedings. Experts are subject to rigorous cross-examination regarding their qualifications, and judges play a vital role in determining the admissibility of their evidence. The legal process surrounding expert testimony is designed to function smoothly, which means that scrutiny should not solely focus on the experts themselves but also on the legal professionals who engage them. The assertion that expert witnesses are a significant liability within the justice system fails to acknowledge the many successful cases where expert testimony has led to the rectification of wrongful convictions. Therefore, it is essential for solicitors to exercise due diligence to ensure that they engage the right experts who are fully aware of their legal obligations and the importance of their contributions to the justice system.

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In your case study (Expert witnesses are ‘weakest link in English justice system’, says wrongly convicted surgeon, 15 June), David Sellu suggests that there are no “prescribed training programmes” for expert witnesses to ensure that the evidence they give is unbiased, high-quality and follows all legal procedures.

In fact, Bond Solon, mentioned in your main article on this subject (Politicians, lawyers and doctors express concern over use of expert witnesses in English courts, 15 June), has for more than 30 years ensured that there is proper training available, so experts know how to construct a court-compliant report, conduct a proper investigation and comply with court rules. Tens of thousands of experts have been trained since, and have attended university-certified programmes. Other providers have followed suit.

There are hundreds of cases every year where experts have been involved without any problems, and many experts have assisted by giving evidence to overturn wrong convictions. Suggesting expert witnesses are the weakest link in the system is perhaps unfair. Solicitors must exercise due diligence in the selection and instruction of experts to make sure that they have the right expert for the issues in dispute and that any expert they instruct is aware of the full extent of their legal obligations.

Experts can be cross-examined on their qualifications and experience, and judges can determine whether their evidence is admissible. The whole process must run smoothly, so it is not just experts who should be under scrutiny.Mark SolonChairman, Wilmington Legal; founder, Bond Solon

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Source: The Guardian