Conflict avoidance Flashcards
What would be your key considerations if you were to act as an expert witness, following the RICS practice statement on surveyors acting as expert witnesses?
As an expert witness, following the RICS (Royal Institution of Chartered Surveyors) practice statement, there are several key considerations that I would keep in mind:
Impartiality and Independence: As an expert witness, it is crucial to maintain impartiality and independence. I would ensure that my opinion is not influenced by any external factors and is solely based on my professional expertise, knowledge, and the evidence presented.
Professional Competence: I would ensure that I am competent to provide expert evidence in the specific field in which I am being called upon to provide testimony. I would consider my qualifications, experience, and expertise in the relevant area and only provide opinions on matters that fall within my scope of expertise.
Objectivity: I would approach the case with objectivity and avoid any bias or personal opinions. I would base my opinions solely on factual evidence and established principles, standards, and guidelines relevant to my field of expertise.
Clarity and Transparency: I would ensure that my opinions are clear, transparent, and supported by relevant evidence. I would use appropriate language that is understandable to non-experts and avoid technical jargon as much as possible. I would also be transparent about any limitations or uncertainties in my opinions.
Ethical Considerations: I would adhere to the RICS Code of Conduct and other applicable codes of ethics. I would maintain confidentiality, avoid conflicts of interest, and disclose any potential conflicts if they arise.
Diligence in Preparation: I would thoroughly review and analyze all relevant evidence, including documents, data, and reports, and prepare a comprehensive and well-reasoned expert report. I would also be prepared to explain and defend my opinions during cross-examination.
Compliance with Legal Procedures: I would familiarize myself with the legal procedures and requirements of the jurisdiction in which I am providing expert evidence. I would comply with the rules of evidence, court procedures, and any instructions from the legal counsel.
Professional Conduct in Court: I would maintain professional conduct while testifying in court, respecting the legal process and the role of the court. I would respond to questions truthfully, avoid speculation or conjecture, and provide unbiased opinions based on the evidence.
Continuing Professional Development: I would ensure that my knowledge and skills are up-to-date through continuous professional development, staying informed about changes in regulations, standards, and best practices in my field of expertise.
Collaboration with Legal Counsel: I would work closely with the legal counsel who engaged me as an expert witness, provide them with honest and accurate opinions, and assist them in understanding complex technical matters related to my expertise.
These key considerations, in line with the RICS practice statement, would guide my approach and conduct as an expert witness, ensuring professionalism, integrity, and adherence to the highest standards of practice in providing expert evidence.
