THE CHECKING PROCESS

The directory is comprised of expert witnesses who live and work in Scotland, and expert witnesses who live in England and Wales but are willing to travel to Scotland to work. New experts applying for listing in The Law Society of Scotland Directory of Expert Witnesses 2008 are required to demonstrate experience and ability in providing expert witness services, normally by providing references from two solicitors holding practising certificates who have instructed them within the last three years (ie since 2005). The reference form asks the referee to rate from very good to very poor several aspects of the expert witness’s report: accuracy; understanding and analysis of the expert subject area; presentation; and adherence to timescale. Where the expert has presented evidence in court, referees are asked to rate their understanding of the court’s requirements, and the preparation, content and delivery of the expert’s evidence. (‘Court’ for these purposes includes all civil and criminal courts as well as tribunals, fatal accident inquiries, arbitrations and civil courts outside the UK. It does not include appearances at House of Commons Select Committee Inquiries or Committees of the Scottish Parliament.) Referees are asked whether they have received any adverse comment from the judge or others which gives them cause to doubt the expert’s expertise and whether the referee would use the expert again or recommend the expert to other solicitors.

Where any of the ratings fall below ‘good’, the references are carefully scrutinised. Other than in very exceptional cases, low ratings lead to the expert’s exclusion from the listing of checked experts.

It is always the responsibility of the instructing practitioner to ensure that any expert witness possesses the knowledge and experience required for each individual case

Individual expert witnesses and corporate expert firms

All experts listed in a corporate entry must provide satisfactory references for their individual work as expert witnesses. In addition, all firms must supply the name of a main contact person.

Other referees

One reference must be from a solicitor from the same jurisdiction as the expert witness, who has instructed him/her within the last three years. The other reference, also pertaining to instruction as an expert within the last three years, may be given by:
• practising solicitors/lawyers from Scotland, England or Wales;
• Lawyer from another jurisdiction;
• Advocate in Scotland or Barrister in England, Wales, Ireland or Northern Ireland;
• Judge, Sheriff or holder of other judicial office.

Cases where references have not been required

There are certain cases where our reference requirements have been superfluous because the expert has already passed through a rigorous accreditation process which has included proven experience and understanding of expert witness work. In these cases, The Law Society of Scotland may accept experts who have worked for or been vetted by other organisations. The Law Society of Scotland will verify the procedures employed by other organisations to ensure that their procedures meet or exceed our requirements and will verify membership/employment where appropriate.

The Thistle logo (2008)

Individual expert witnesses and firms of expert witnesses who have provided excellent references under the process outlined above are able to use the thistle logo on their stationery (as it appears above). The logo will be valid for one year from the date of publication. Use of the logo refers to individuals who have passed the checking procedure. Those who fail to meet the requirements as part of a corporate entry, or who did not apply to the Directory at all, are not entitled to use the logo. Experts who fail to meet any of the requirements set out in the Code of Practice will not be issued with the updated logo until they satisfy The Law Society of Scotland that they have complied with these requirements.

Inclusion of experts

If you would like us to send an application pack to any experts that you would like to recommend for inclusion in the Directory, please contact us on 020 7393 7799.