Expert Witness Training
Expert witnesses play a fundamental role within the judicial system. Experts provide opinion-based evidence to assist the courts, tribunals and arbitrators in reaching decisions.
They may be asked to write reports or statements and be called to give evidence in a wider variety of legal forums including: civil, criminal, employment and family courts, tribunals, referrals-out, arbitrations, inquiries and professional conduct hearings.
Expert witness training is delivered virtually in public workshops and we can do the same with closed courses for individual organisations and their staff. Our virtual classrooms are easy to navigate with instant access to face-to-face real time learning. The technology includes group conversation, online polls, interactive white boards as well as break out room functionality.
Expert Witness Training allows you to:
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Produce court-compliant reports and statements
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Give effective oral evidence
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Understand the relevant law and procedure in Australia and New Zealand
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Appraise your own work objectively and critically
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Improve your marketability to instructing solicitors and courts throughout Australasia
Expert Witness Training Feedback:
"Helpful training both in content and style. Trainer clearly very experienced and able to tailor training and questions to the level of her audience." -Senior Structural Engineer
"The training was vital. The session and the report template really assisted, especially in separating facts from opinion, organising the document,
and dotting the "I"s and crossing the "T"s at the end" – Sustainable Design Expert
"This is valuable experience for anyone who has little or no experience in being an expert witness" – Business Interruption Insurance Expert
"Excellent, particularly beneficial to learn the importance of good note taking and how to structure the 'story'” - Site Safety Expert
"I found this an absolutely invaluable experience as I had been really dreading my first day in court and this fully helped me prepare for this. I have since had some tricky and high profile cases that this training has really helped with" – GP with MEDSAC
"Knowledgeable, good structure, engaged, very good at cross examining (no sugar coating)" – Accountant specialising in business loss disruption
"The suggested structure of evidence was most helpful. The note-taking exercise was a good reminder." – Site contamination expert
Four or More Experts or Professional Witnesses?
It can be cost effective to run the training in-house through your organisation or industry
association. If you have multiple colleagues or members interested in attending, please
contact us to discuss options.
6 CPD hours per day
Click here for details of any upcoming public workshops
Click here to inquire about making an inhouse or bespoke booking
Available Workshops
Excellence in Report Writing
This course provides expert witnesses with the key skills to produce court compliant reports. Experts will learn how to produce quickly and consistently reports that are both court compliant and will withstand cross-examination.
Courtroom Skills
This course provides expert witnesses with basic knowledge and core skills to effectively present opinion-based evidence in court under cross-examination.
Cross Examination Day
A follow-on course to the Courtroom Skills Training, this course enables expert witnesses to refine and enhance their skills in presenting evidence in court.
Discussions with Experts (Conclaves)
This course will provide experts with a comprehensive overview of what these discussions entail, possible pitfalls and the implications if best practice is not followed.
Concurrent Expert Evidence (Hot-tubbing)
An intensive one-day course, providing civil expert witnesses with the core skills and knowledge to give concurrent expert evidence in court.
Please contact us to discuss fee options
Discounts are available for businesses enrolling multiple delegates or individuals enrolling in multiple workshops.
Excellence in Report Writing
Overview
Professional expert witnesses understand their written evidence can significantly influence the outcome of litigation. Because most cases settle before trial, the expert report often becomes a decisive document, informing parties’ assessments of their prospects and affecting the potential value of any settlement. Well-crafted reports present clear, comprehensible conclusions supported by robust methodology and sound reasoning.
This course equips delegates with a clear understanding of what lawyers and the courts expect from expert reports. While many experts develop an individual writing style (or adopt someone else’s), few receive structured, practical feedback from legal professionals on the requirements for court-compliant written evidence.
Participants will learn how to critique their own and others’ reports, and how to produce persuasive reports which stand up to scrutiny and cross-examination.
Key Learning Points
Preparing to write a report:
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Receiving and interpreting instructions accurately
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Identifying the issues to be addressed in the report
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Working effectively with primary sources of evidence
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Handling supporting information appropriately
Persuasive Technical Writing:
- Developing a logical, structured approach to report writing
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Expressing an independent view while arguing a conclusion
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Using clear, precise and accessible language
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Presenting complex information so it is easy to follow
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Providing detailed but concise explanations of methodologies, findings, and conclusions
Quality Assurance & Self-Assessment:
- Understanding the procedural and professional standards relevant to expert witnesses, including codes of conduct
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Strengthening critical evaluation skills to review your own work
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Learning techniques for reviewing other experts' reports
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Building reports which are resilient under cross-examination
Courtroom Skills
Overview
Giving evidence in court can be daunting, even for experienced expert witnesses. The witness box is an unfamiliar and often intimidating environment. Witnesses can feel as though they are on trial rather than providing independent assistance to the court. A poor performance under cross‑examination can not only undermine confidence but also affect an expert’s credibility.
This intensive and highly practical training day demystifies the process of giving evidence by exploring the theory, practice and procedure of appearing in court. Delegates are then cross‑examined on a case study from their own field of expertise and receive detailed feedback from a professional trainer.
Key Learning Points
Understanding how the court system operates
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The procedures and processes of giving evidence, order of events and roles of those at the hearing
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Recognising the expert witness’ role as an independent educator of the court
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The purpose of giving evidence and how to prepare for oral examination
Developing core skills
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How to give clear, honest and objective expert evidence
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Making use of supporting evidence, documents, graphics and notes
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Identifying common cross-examination techniques
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Formulating and expressing an opinion grounded in fact
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Building confidence to give testimony under cross-examination
Cross Examination Day
Overview
This intensive cross-examination training course enables expert witnesses to refine and enhance their performance and develop mastery in giving oral evidence. Delegates are cross-examined twice on a completed report or statement. The second cross-examination is recorded, providing an additional opportunity for detailed feedback and self-review.
Key Learning Points
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Dealing effectively with in-depth cross-examination on a full report or statement
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Making full and strategic use of supporting documents, plans, photographs and other materials
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Identifying the essence of a complex case and communicating it clearly and concisely to the Judge
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Handling challenging and sophisticated cross-examination techniques with confidence
Discussions between Experts (Conclaves)
Overview
Joint meetings and discussions between experts, often called conclaves or caucuses, are increasingly used by the courts to save time, reduce costs, and help narrow the issues in dispute. In New Zealand, recent changes to the High Court Rules mean expert meetings are becoming a routine part of litigation.
Although these discussions may feel less formal than giving evidence in court, they can be just as influential in shaping the outcome of a case.
This course gives expert witnesses a practical and comprehensive understanding of how discussions between experts work, the procedural rules that apply, and the risks that can arise when best practice is not followed.
Through realistic role-play exercises, participants will apply their learning and build the confidence and skills needed to take part in effective expert discussions to a high professional standard.
Key Learning Points
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Understand the legal requirements and implications of discussions between experts
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Prepare for the discussion between experts
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Outline the agenda of the discussion between experts
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Gain an overview of the Statement of Agreement and Disagreement, and minutes of the meeting
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How to balance duties owed to the court with instructions from a solicitor
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Work with an expert who is not complying with their duties to the court
Concurrent Expert Evidence (Hot-tubbing)
Overview
Judges can order that civil experts give their evidence concurrently, standing side by side in the witness box. Colloquially known as ‘Hot-Tubbing’, the judge and advocates will question the expert witnesses together, and experts may also put questions to each other.
The course will look at the theory, practice of giving concurrent expert evidence.
You will explore the new procedures and experience giving concurrent expert evidence. Delegates will be divided into pairs and will conduct a short expert meeting to establish areas of agreement and disagreement. You will then give concurrent evidence and receive feedback on your performance.
This one-day training course will ensure that you are able to present concurrent expert evidence effectively and demonstrate to instructing parties that you hold the requisite skills and knowledge.
Key Learning Points
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The differences between concurrent expert evidence and cross-examination
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The origins of hot-tubbing and its implementation
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Preparing to give concurrent expert evidence
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Expert meetings before giving evidence
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Questioning, and being questioned by, the other expert
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What you should do if the other expert acts as an advocate
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How to communicate clearly and effectively with the judge