Navigating Expert Witness Ethics: Lessons from Recent Legal Judgments

Expert Evidence: Navigating the Witness Box with Confidence and Professionalism

By: Thomas Caldow

29 Nov 2022 6 min read

In legal proceedings, expert evidence forms a pivotal element that significantly influences outcomes. Yet, it is during cross-examination in the witness box where experts are often most scrutinized by courts through their judgments.

Judges frequently comment on an expert's conduct in the witness box, and these insights often highlight both what they should do and avoid doing to enhance their professional standing and credibility.

Let's delve into recent examples of how the judicial system has evaluated the actions of expert witnesses:

1. Landel Pty Ltd v Insurance Australia Ltd 2021 QSC 247

2. Central Innovation Pty Ltd v Garner No 4 2020 FCA 1796

3. Gabjet Pty Ltd Anor V Funk Franchise Pty Ltd Ors 2021 SADC 88

4. Sigma v Shams 2021 VCC 713

5. Moyes v ENSCO Australia Pty Ltd 2022 WASCA 104

From these judgments, we can summarize several critical lessons for expert witnesses:

Dos:

• Provide Rational and Logical Explanations: Experts should present their views with detled reasoning in both written reports and during testimony. This fosters a clear understanding of how s are reached.

• Make Reasonable Concessions: Acknowledging limitations or uncertnties without being overly defensive allows for transparency and strengthens credibility when under examination.

• Exercise Thoroughness and Thoughtfulness: Careful consideration of questions and thoughtful responses showcase professionalism and competence.

• Avoid Emotional Attachment: Experts must remn objective, willing to adjust their views in light of persuasive counterarguments.

Don’ts:

• Rush or Give Impulsive Answers: Hasty responses can lead to misunderstandings or inaccuracies that undermine credibility. It's crucial to articulate thoughts methodically and coherently.

• Underestimate the Adversary's Expertise: Overconfidently dismissing alternative viewpoints without scrutiny can appear unprofessional, especially when rebutted with credible evidence.

The Court emphasizes diligence and professionalism in experts' conduct during testimonies:

:

Expert witnesses must navigate the witness box judiciously. By embodying principles of rationality, openness to criticism, and careful articulation, one can significantly enhance their contribution's impact on legal outcomes. The case studies mentioned underscore the importance of mntning professional standards and provide valuable lessons for professionals in forensic accounting and beyond.

Keywords:

Expert Witness Forensic Accounting Courtroom Conduct Legal Proceedings

About Author:

Thomas Caldow

Expert in Forensic Accounting with a career deeply rooted in forensic analysis, having started his professional journey at a leading forensic accounting firm in Adelde before joining Grant Thornton in 2017.

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