David Tuffin helps lead the expert witness team for the building consultancy firm Tuffin Ferraby Taylor and authored In my expert opinion: How to pick an expert witness:
Cross-examination
Whether on the stand or around a negotiating table, an expert witness’ testimonial will come under close scrutiny and the witnesses will be cross-examined on their reports. You need to be confident that your expert can withstand this process and has the nerve to stand by their findings and coherently explain the reasoning behind each factor.
Specific expertise
Ask yourself: “Just how much of an expert is my expert?” Most disputes occur over a very specific point and it is therefore to your advantage to find an expert who has a specialist understanding of the issues involved. If, for example, dealing with a building defect on a shopping centre, look for someone who not only has surveying experience in working with defects with the same building material, but who also has practical experience in the retail market so that they can show an understanding of the building in its correct context.
The fact is that the greater the knowledge of your witness, the stronger their testimony will be. The opposing party will more than likely have its own expert, so it is important that your witness can provide a watertight argument backed up by an authority on the subject.
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