The relationship between an expert witness and their instructing solicitor is a vital part of the medico-legal process. It’s a professional partnership that relies on mutual respect, clarity of communication, and—importantly—a shared understanding of roles and responsibilities. At its best, this relationship allows complex issues to be clearly explained, fairly examined, and justly resolved. But as with all collaborative work, differences in perspective can arise. In these moments, the importance of compromise becomes central to maintaining professionalism and ensuring that justice is served.
Understanding the Expert Witness’s Duty
Expert witnesses—whether in orthopaedics, neuropsychology, psychiatry, or any other field—are bound by a duty to the court, not to the party instructing them. This distinction is fundamental and must be respected by all involved. The expert’s role is to provide independent, unbiased, and evidence-based opinion, even if that opinion does not align entirely with the desired narrative of the instructing party. This can, at times, create tension between the expert and the solicitor.
The Solicitor’s Perspective
Solicitors, on the other hand, are advocates for their client. Their focus is often on building a coherent, persuasive case, and they may seek clarification or expansion of certain points in an expert’s report to strengthen that case. While this is both appropriate and expected, the line must be carefully drawn: an expert must never alter their opinion to suit the agenda of the instructing party. However, this doesn’t mean the expert should be rigid or inflexible. Here is where compromise—in its most professional and constructive form—becomes crucial.
What Professional Compromise Looks Like
Compromise does not mean diluting one’s clinical judgement. Rather, it involves being open to reasonable discussion, refinement of language, and clarification of reasoning. For example, a solicitor might request that an expert expand on the justification for a particular prognosis or use less technical terminology to ensure a report is accessible to non-medical readers. These are entirely reasonable requests that improve the quality and usability of the report without undermining the expert’s independence.
Mutual Understanding and Respect
Likewise, solicitors benefit from understanding the limits of an expert’s role. While they may wish for stronger wording or a more definitive stance, good legal practice acknowledges that clinical complexity often necessitates nuance, and that a well-balanced, qualified opinion is usually more persuasive than an overly assertive one that cannot be supported under scrutiny.
The Role of Communication
Communication is key. Regular, respectful dialogue between the expert and solicitor allows for a shared understanding of the case, the context, and the expectations. When both parties approach the relationship with professionalism, transparency, and a willingness to find common ground, the outcome is invariably more robust and balanced.
Our Approach
At Medico-Legal Healthcare, we work closely with instructing solicitors across a wide range of medico-legal cases. We understand the importance of clear communication, timely reporting, and professional compromise. Our expert witnesses are committed to providing independent, clinically-sound opinions while maintaining open and constructive relationships with legal professionals. We believe that when both sides respect their roles and work collaboratively, the quality of the legal process is greatly enhanced.