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The Expert: A Practitioner's Guide

Editors: Mr. Justice Kenneth M. Matthews, Joel E. Pink, Q.C., Allison D. Tupper, P.Eng., and Alvin E. Wells, M.Sc.

"An all-inclusive manual for civil and criminal trial lawyers - Leading judges, counsel and forensic specialists reveal effective techniques to elicit and maximize the impact of specific types of expert evidence at trial"

These Are The Facts - But What Do They Mean?

As the level of scientific achievement and professional excellence advances, so too does the need for clear explanations to the trier of fact as to how developed principles in the various specialties apply to the available evidence. The complexity of each subject area - and the high stakes for the parties involved - demand a thorough inquisition. At a more practical level, the hope is that the witness can provide the court with a "disinterested" view of the facts and their implications.

So today we see the report, testimony and cross examination of expert witnesses becoming the key battleground for deciding the issue in both civil and criminal trials. But as the careers of professional experts flourish, the focus of trials is shifting to an attack on the objectivity and expertise of those called upon to give opinion evidence.

There has never before been such a clear need for specific guidance to the profession regarding how to choose, utilize, prepare, examine and challenge expert witnesses. Carswell is pleased to announce the publication of The Expert: A Practitioner's Guide - a two-volume looseleaf work specifically designed to meet the needs of criminal and civil practitioners across Canada.

Specific Guidance For Each Type of Expert

The Expert: A Practitioner's Guide is the all-inclusive manual trial lawyers have been waiting for. The 27 chapters provide in-depth coverage on using experts from the various scientific and professional disciplines to support your case and/or challenge the other side's case. Each chapter has been written by leading trial lawyers, jurists, or forensic specialists.

Answering The Practical Questions - Suggesting New Approaches

As a first-class service, The Expert: A Practitioner's Guide will help you in many ways. First, the authors survey the general considerations in employing any expert, and then they address concerns specific to particular fields of expertise. All the questions which may arise at or before trial are addressed, including:

• How to make best use of an expert in preparation for settlement or trial
• How to qualify your witness to give opinion evidence on medical, psychological, accounting, engineering, etc. matters
• When to employ novel yet compelling scientific theories
• How to argue that your evidence is "necessary", and not merely helpful to the court
• When to use an expert to give an opinion on technical legal matters
• How the jury should be instructed as to the use of expert evidence
• When expert evidence may be admissible regarding the "ultimate issue" of the case
• Explaining the meaning of DNA-typing test results
• What are the limitations and potential for inaccuracy of medical tests
• How the natural biases of a treating physician in favour of the patient can be "controlled"
• What are the problems of memory and false-memory syndrome surrounding allegations of child abuse
• How computers can be used in the scanning, organizing and discovery of documentary evidence

Essential Features for Practitioners

The Expert: A Practitioner's Guide is designed to provide features on all the material a trial lawyer needs to effectively utilize the services of an expert and to challenge opposing experts. Features of the service include:

• Comprehensive approach - Full coverage of all the major disciplines - medical, accounting, engineering, etc.
• In-depth commentary - Complete understanding of how to apply the latest technologies - e.g. DNA-typing evidence - to the circumstances of your case
• Currency - The looseleaf format combined with twice yearly supplementation will keep readers up-to-date with the latest developments in each field
• Practical tools - Successful trial techniques for eliciting or challenging various types of expert evidence are identified, with reference to actual trial transcripts of examinations-in-chief and cross-examinations
• Authoritative analysis - Prepared by experienced members of the judiciary, trial lawyers, and forensic experts from across Canada

Who Can Benefit

As a comprehensive service, The Expert: A Practitioner's Guide will easily prove its value to a broad range of professionals, including:

• Civil litigators
• Defence counsel
• Federal and provincial Crown prosecutors
• Trial and appellate judges
• Major crime units of police departments
• Insurance companies