Should an expert witness just rely on their report in preparing for court?




An expert witness provides an opinion or factual information on their specialised knowledge of forensic accounting in court proceedings (Professions AU, 2016). The expert will show special expertise in forensic accounting and will deliver the findings to be understood by a layman. Thus, they would explain complex or technical issues in a way that everyone would understand.  A good expert witness should deliver their findings and opinions without objectivity or bias, whilst simultaneously proving to the jurors that their interpretation is the right one (Synchronics Group, 2010). Expert witness must follow the rules set by the Federal Court of Law and APES 215.

I strongly disagree with the statement that if the report is structure well – then there is no real need for any other preparation. Whilst having a comprehensive report is essential, understanding and knowing the facts back to front are important when going up against barristers. Preparedness is the underlying factor that will lead to success as an expert witness. Even though the expert witness has written a thorough report, they need to practise for questions that are going be asked under cross-examination (Tedder-King & Czyz, 2016). Understanding and being able to prove your specialised knowledge will be intrinsic in advancing the case.

This can be supported by my experience at the Mock Trial. I found the mock trial a very nerve-wrecking experience as I get very shy. Furthermore, because we had not written the report, they were able to pin holes in their context. Once a barrister can find flaws in the report they will focus solely on them which can lead the jurors to question our expertise. This led students to begin looking nervous and not really thinking about their responses. An expert witness should will the help of their report be able to remain calm and deliver the persona of intelligence and control.

Furthermore, as the students had no prior experience as an expert witness in court proceedings, it made them susceptible to easily portraying evidence with bias. As an expert witness the role is to objectively deliver opinions without appearing as an advocate, which happened on many occasions in the mock trial. This led to our evidence to be inadmissible to the courts.
Overall the mock trial was a great learning experience. It enabled us to feel the weight of an actual court proceeding and it was insightful to watch how it really unfolds after learning about it in AYB115.

My recommendation to expert witnesses in their court appearance is to appreciate that Preparedness is key. Firstly, learn all pertinent aspects of your reports and the case itself in order to be able to safeguard yourself against the cross-examination (Crumbley & Russell, 2004). By maintaining your composure and knowing the facts, you look confident in your interpretation (Crumbley & Russell, 2004). Additionally, familiarise with the Federal Rules of Court in order to maintain your expert role (Rahman, 2016). Moreover, keep responses brief and to the point. This will diminish the opportunity for barristers to pin holes in your response and lead you away from the possibility of appearing as an advocate. And lastly, just have a plan of attack. 



APES215: https://www.publicaccountants.org.au/media/101695/apes-215-standard_1.pdf


REFERENCE

Crumbley, D. L., & Russell, K. (2004, October 1). So you want to be an Expert Witness. Retrieved from Journal of Accountancy: http://www.journalofaccountancy.com/issues/2004/oct/soyouwanttobeanexpertwitness.html
Professions AU. (2016). Role and Duties of an Expert Witness. Retrieved from Professions Australia: http://www.professions.com.au/advocacy/archives/item/role-and-duties-of-an-expert-witness
Rahman, M. (2016, September). The Expert Institute. Retrieved from Preparing your expert witness for trial checklist: https://www.theexpertinstitute.com/preparing-expert-witness-trial-testimony/
Synchronics Group. (2010). Synchronics Group. Retrieved from Five imperatives for Expert Witnesses: http://www.synchronicsgroup.com/articles/articles_5imperatives_p.htm
Tedder-King, A., & Czyz, K. (2016). Tips for Preparing the Expert Witness. Retrieved from The Jury Expert: http://www.thejuryexpert.com/2016/04/tips-for-preparing-the-expert-witness/



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