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Ethical Issues Relating to Expert Witnesses

Do you have a thorough understanding of your ethical duties when appointing and working with expert witnesses?

Solicitors must ensure that expert witnesses are familiar with and act within a clear legal and ethical framework. This responsibility arises from their duty to the court, as well as duties to comply with procedural rules, and to provide independent, objective and transparent evidence. Solicitors who fail in these duties may face severe consequences, including reputational damage, wasted costs orders and professional negligence claims.

This course has a practical focus, providing comprehensive guidance about solicitors’ ethical duties. It covers various topics, from selecting expert witnesses, to challenging unethical conduct, and ensuring that expert reports comply with Criminal Practice Direction (CPR) 35. Detailed consideration is also given to identifying and declaring conflicts of interests, disclosure and transparency, managing bias, and responding to ethical breaches.

Through easy-to-understand chapters and interactive knowledge checks, this course will give you everything you need to work confidently and ethically with expert witnesses – enrol now!

You might also be interested in our other courses on Expert Witnesses to complement your learning.

What this will cover

This course will cover:

  • ethical considerations and practical guidance when selecting and working with expert witnesses
  • Part 35 of the Civil Procedure Rules (CPR) and corresponding Practice Direction (PD35); solicitors’ and expert witnesses’ duty to the court
  • the ethics and legalities of disclosure and transparency
  • managing expert witnesses’ bias and/or tendency to advocacy
  • responding to ethical breaches by either side
  • key case law and the importance of impartiality
Learning outcomes

By the end of this course, you will be able to:

  • understand the core ethical duties of expert witnesses
  • select appropriate expert witnesses, giving due consideration to the main ethical considerations
  • adhere to the expectations concerning disclosure and transparency in relation to expert witnesses
  • utilise strategies to manage expert bias and ensure experts do not cross the line into advocacy
  • appreciate how to respond to ethical breaches, whether committed by your own expert or an expert instructed by the other side
  • demonstrate awareness of the most important case law in this area
How you will learn

Course format

This online course consists of the following elements:

  • an interactive course presentation, with a variety of knowledge checks spaced throughout to test understanding of the material as the learner progresses
  • an end-of-course assessment consisting of 10 questions

Our courses conform to Web Content Accessibility Guidelines 2.1. However, some members may require an alternative version for accessibility purposes. This is available upon request via our contact us form.

Assessment

In order to pass the assessment, you must achieve a pass mark of 70%.

The knowledge checks included in the course presentation are intended to aid your understanding of the content and offer the opportunity to apply your knowledge. They do not form part of the assessment.

No. of items Discount
11 – 19 15%
20 – 29 20%
30 – 39 25%
40 + 30%
£115.76 ex VAT
Type of training
CPD
Format
Online course
Level
Intermediate
Who is this for?
Solicitors
Course length
50 Minutes
Assessment type
MCQs (Multiple Choice Questions).
SRA Competence
A1
A2
C3

The experts

Adam Tear

Expert
Facilitator

View expert bio