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Litigation Process a.. - The Advocates' Society

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- 14 -<br />

(viii) appointments to lectureship. 32<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

have the expert provide the contextual framework for the testimony (i.e.: a<br />

description of the investigation or examination that the expert was retained to do);<br />

relate the expert’s expertise to the issues in the case to which the expert will opine;<br />

permit the expert to discuss more fully the material aspects of his curriculum vitae<br />

and guide him through the less material parts; and<br />

advise the expert that modesty is not always a virtue-the expert should be confident<br />

to speak about his experiences and training.<br />

It is important to highlight the most relevant aspects of the expert’s curriculum vitae rather than<br />

canvassing every minute detail. At the time that the expert is qualified before the court, his<br />

curriculum vitae will be entered as an exhibit and the fact finder will have it at its disposal for<br />

reference if need be. <strong>The</strong> expert’s curriculum vitae should, therefore, contain all the information<br />

about the expert that is pertinent to his qualifications and the issues at hand.<br />

Even if offered the opportunity by opposing counsel, do not forego spending some time<br />

qualifying your expert. It is the first chance you have to introduce him to court, demonstrate his<br />

expertise, and get him comfortable on the stand.<br />

Conclusion<br />

An expert who understands the basic concepts concerning his or her role as an expert<br />

will be of true assistance to the Court. <strong>The</strong>y will not be misled by the adversarial process and<br />

will be able to focus on the task at hand; imparting specialized knowledge on a matter of<br />

relevance in an independent and unbiased manner.<br />

32 Freiman and Berenblut, supra note 16 at p. 37.<br />

© 2012 <strong>The</strong> Advocates’ <strong>Society</strong>. <strong>The</strong>se materials may not be reproduced, published, distributed<br />

or posted on-line without the written permission of <strong>The</strong> <strong>Advocates'</strong> <strong>Society</strong>.

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