{"id":283299,"date":"2024-10-11T16:00:00","date_gmt":"2024-10-11T14:00:00","guid":{"rendered":"https:\/\/dailyjus.com\/?p=283299"},"modified":"2025-05-21T12:56:24","modified_gmt":"2025-05-21T10:56:24","slug":"communicating-with-experts","status":"publish","type":"post","link":"https:\/\/dailyjus.com\/index.php\/2024\/10\/11\/communicating-with-experts\/","title":{"rendered":"Communicating With Experts"},"content":{"rendered":"\n
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THE AUTHORS<\/strong>:
Campbell Jackson, <\/strong>Partner and Global Claims & Disputes Leader at EY, London<\/strong>
Ilka Beimel, <\/strong>Associate at Noerr, Dusseldorf<\/strong><\/p>\n\n\n\n

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Lawyering Plus Webinar:<\/strong> S1 EP3<\/strong><\/h1>\n\n\n\n
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Lawyering Plus is an initiative set up by Mihaela Apostol<\/strong><\/a>, Dr Ilka Beimel, <\/strong>and Svetlana Portman<\/strong><\/a> to help lawyers build soft skills. Lawyering Plus organises webinars and invites expert speakers to share their tips on a particular soft skill. Each episode ends with an interactive Q&A segment. The first webinar season focuses on communication skills and comprises the following episodes: Communicating with Clients (E1)<\/a>, Communication within the Law Firm (E2)<\/a>, Communicating with Experts (E3), Written Advocacy, Oral Advocacy, and Non-verbal Communication.<\/p>\n<\/blockquote>\n\n\n\n

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Third Episode: Communicating with Experts<\/strong><\/strong>

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\u201cThe expert\u2019s paramount duty is always to the Court or Tribunal. Effective communication, with independence and objectivity, requires open and transparent dialogue to get to the \u201cfacts\u201d and ensure the complex can be made simple.\u201d<\/em><\/p>\n\n\n\n

– Campbell Jackson<\/mark><\/em><\/p>\n<\/blockquote>\n\n\n\n

Following the episodes focusing on communicating with clients and communication within the law firm, the Lawyering Plus communication toolbox gained another important skillset for lawyers: communicating with experts. Campbell Jackson<\/strong> (Partner and Global Claims & Disputes Leader at EY, London) presented his tips on effective expert communication, emphasizing the importance of early communication, properly instructing the expert, and the independence and objectivity of experts.<\/p>\n\n\n\n

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Golden Rule: Do Not Leave It to Chance!<\/strong><\/h3>\n\n\n\n

Campbell laid out how to prepare to work efficiently with an expert. As a ground and \u201cgolden\u201d rule he underlined that communication should not be left to chance. Counsel should know how to use the expert in depositions. Good communication between the expert and the counsel team can ensure the expert\u2019s reliability at the end of the day.<\/p>\n\n\n\n

While working with experts, counsel teams should always bear in mind that the expert\u2019s duty is always to the court or tribunal. Thus, experts and counsel teams must maintain independence and objectivity in all communications and in all opinions \u2013 written and verbal.<\/p>\n\n\n\n

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Early Communication<\/strong><\/h4>\n\n\n\n

Having a good expert starts with early communication. It is important to see the whole picture including what lies underneath. Early communication sets the scene for the entire expert-counsel interaction. Upfront, the basic questions\u2014such as, what the expert is expected to do; what can he or she actually do; how does the counsel team and the expert team wish to communicate, etc.\u2014should be tackled.<\/p>\n\n\n\n

The early communication includes the issue of choosing the right expert. Campell laid out several factors to be considered when choosing the right expert. Of course, and unsurprisingly, suitable experience, appropriate qualifications, technical expertise, and reputation were listed. However, Campell also highlighted that communication skills, confidence, resilience, and again, objectivity are factors not less important for choosing the right expert.<\/p>\n\n\n\n

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Instructing an Expert<\/strong><\/h4>\n\n\n\n

Instructing the expert includes testing the expert. According to Campbell, at the beginning, it is important to get the expert talking, e.g.<\/em> on his or her CV and experience. Counsel should ask what went well in previous projects and what could be improved. By testing the expert, counsel may get a first impression of what communicating with the expert will look like. Additionally, it will serve as a first impression on whether the expert tells you what you need to hear. Good experts will stick to the facts.<\/p>\n\n\n\n

The first instructive conversations with the expert will also address the expert\u2019s experience on the concrete subject matter. Campbell reminded counsel to test the evidence, i.e.<\/em> ask the expert what methodology he or she is familiar with and how he or she approached similar subject matters in the past. Lastly, in this early stage of the process, counsel should check the track record of the expert and invite him or her to speak about it, including challenges and other difficult judgments.<\/p>\n\n\n\n

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Communication Wheel<\/strong><\/h4>\n\n\n\n

To give the audience a practical guideline, Campbell presented the communication wheel. The wheel illustrates eight key factors to be considered when communicating effectively. In the centre of the wheel, we find that reminder that stakeholder engagement is the base for good and effective communication.<\/p>\n\n\n\n

The eight key factors forming the wheel are:<\/p>\n\n\n\n