Lady Justice Simler recently delivered the keynote speech at The Expert Witness Institute’s Annual Conference, where she discussed what makes an excellent Expert Witness and how Experts can increase their credibility in the eyes of the court.

In her speech, Dame Simler focused on practical things that experts can do to enhance their credibility, based on recent cases. She covered the importance of;

• Preparation for giving evidence
• Not stepping outside the bounds of expertise or expressing opinions on legal issues
• The best approach to a changing case or alternative points of view and
• The importance of being independent and ensuring equality of arms between the parties' experts.

The role of an Expert Witness is crucial to the legal profession and Dame Simler emphasised that the justice system depends on expert evidence being of the highest quality. Many disciplines lack a wide pool of high-quality Experts and whilst renumeration and rates of pay are one factor for this, fear of criticism from the courts, counsel during cross-examination and criticism from those that they assess also play a role.

Lady Justice Simler suggested that an increased awareness and engagement in accreditation schemes and conferences could increase confidence and greater awareness in the professions from which Experts are drawn, potentially attracting more women and those from different and diverse backgrounds.

In her speech, Lady Justice Simler also emphasised the importance of an Expert Witness's duties to their clients and the court.

Expert’s should always answer the questions asked of them in court and avoid giving the impression that they know better than anyone else. They should avoid ‘cherry-picking’ pieces of evidence that provide support for their conclusion while avoiding material that may point in the opposite direction. A contrary interpretation, analysis, or view should be set out in the report. An Expert who fails to discuss or consider contrary views may be viewed by the court as losing objectivity and independence, which could diminish their credibility.

In conclusion, Lady Justice Simler's keynote speech at the Expert Witness Institute Conference highlighted the importance of preparation, staying within the bounds of expertise and remaining independent as key factors in being an excellent Expert Witness. Experts must recognise their duties to their clients and the court and be prepared to engage with changing cases or alternative points of view. By following these principles, Experts can increase their credibility and enhance the quality of expert evidence relied upon by the justice system.