If you've ever had to substantiate your position, you know that witness reports can be the keystone on your path to a fair and reasonable outcome. When these testimonies come from expert witnesses, their weight seems even greater given their credibility and authority in their field.
Drafting an expert witness report, however, is not as straightforward as one might think. It requires strategic thought and meticulous attention to detail. If you're tasked with drafting an expert report, there are five key considerations that you must bear in mind:
1. Clarity and Comprehensibility: Explain to a group of 10-year-olds
While the judge, counsel, or jury members may be highly intellectual, they might not possess expertise in your field. As such, avoid using overly technical language or jargon in your report. Make your argument clear and comprehensible, breaking down complex ideas into chewable bits.
In addition, remember to address the issues at hand directly without beating around the bush. An ambiguous or unclear report will only muddy the waters rather than help clarify them.
1. Include All Necessary Elements
Generally, a comprehensive expert witness report ought to include an introduction, summary of findings, methodology, analysis of findings, and conclusion. But depending on the situation, extra elements could also be necessary, such as addressing specific questions asked by counsel. Be thorough in addressing all sections: highlight your qualifications, clearly explain your methods and reasoning, interpret your results, and succinctly wrap up your conclusions.
1. Objectivity and Impartiality: Work for the Court, get paid by the advocate
Being engaged by a specific party doesn't imply serving their interests alone. As an expert witness, your primary obligation is to the court. Strive for objectivity, impartiality, and truthfulness throughout your report. If your report appears to favor one party disproportionately, it's likely to be questioned or dismissed. Always base your conclusions on concrete evidence and sound judgment, not personal preferences or biased perceptions.
And never "do a favor" for a file that can go either way. Your reputation will preceed you, this work demands being fair and clear, and you run a risk of being humiliated during a cross examination.
1. Adhere to Report Formatting and Guidelines
A report that disregards formatting guidelines and standards won’t do anyone much good. These requirements are set in place to ensure readability, coherence, and consistency in court proceedings. So, adhere diligently to prescribed report formats, style guides, and writing conventions. If unsure, contact a regulated professional body for a model report or a copy of relevant guidelines.
1. Anticipate Cross-Examination
Prepare your report as if you're preparing for a cross-examination. Expect every claim you make, every method you use, and every conclusion you draw to be scrutinized. If there are weaknesses in your arguments, ensure you acknowledge and address them beforehand to prevent unexpected attacks during your trial. This shows integrity on your part and makes your report more robust and persuasive.
Drafting an expert witness report involves more than just detailing out facts. It requires a careful study of the issue, a deliberate approach towards explaining your stand, and an understanding of your audience. Remember these five critical considerations when drafting your next expert witness report -
- clarity and comprehensibility,
- inclusion of necessary elements,
- objectivity and impartiality,
- adherence to report formatting, and
- anticipated cross-examination.
In this way, you will craft a cogent and compelling report that serves justice competently.