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To the letter

10 December 2009 / Mark Solon
Issue: 7397 / Categories: Features , Expert Witness , Profession
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Mark Solon provides a step-by-step guide to expert reports

Accuracy is essential before the report is served. Here are some key points to check:

l Are the client’s name and address, etc. correct? Clients get upset if they are not.
l Are the basic facts—dates, places, times and locations—correct? Errors here can mislead and look unprofessional.
l Are the instructions completely and accurately summarised?
l Has the expert listed all the material he has relied upon? Is any of it privileged? Has he attached copies to the report?
l Has the expert commented upon all the specific questions and issues relevant to his expertise?
l Are the conclusions and statements of opinion clearly set out and based upon supporting evidence?
l Is the report consistent with other evidence, such as witness statements, documents and the other experts’ reports? If not, why not?
l Is the report dated and signed?

Above all, consider how the report affects the strength of the case and, if necessary, discuss this with the expert before the report is finalised for disclosure.

Explaining the report to the client

Each

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