Assisting lawyers: preparing expert witnesses to give concurrent expert evidence
I have prepared a checklist for lawyers to consider when instructing experts to give concurrent expert evidence (commonly called “hot tubbing”) in court or at an arbitration. This guidance is based on my experience of giving concurrent expert evidence in arbitrations and in court.
• Always remember – the expert witness’s overriding duty is to assist the court/tribunal with their expertise.
• Draft the expert report in the knowledge that the judge/arbitrator may invite the expert with the apparently superior knowledge or more controversial position to take the lead in presenting the expert evidence.