Experts need to understand the law of expert evidence, including the latest developments. We inform the justice system. It’s a good idea to know the rules governing the system. We can get a lot of what we need to know in Canada from standard text books and Google – I just checked and it’s there – except possibly the latest developments.
I thought of this when I reviewed the topics for the plaintiff legal practice conference entitled “The Doctor Is In: Medical Elements of Injury Cases”. It’s planned for this June in St. John’s by the Atlantic Provinces Trial Lawyers Association (APTLA).
The first topic in the two day conference is “Waiting Room Reading: Case Law Updates – Expert Witnesses“. The topic promises to report “the latest developments in the law of expert evidence from Atlantic Canada and beyond”. And to “identify, summarize and deliver everything you need to know to keep up to date in this fast paced area”. Including case summaries.
All experts – not just medical, would like to know about these latest developments and would benefit from the knowledge. The conference organizers must give serious consideration to making this information available to us when the conference is over.
We are reminded often enough that as experts we serve the justice system and are to objectively inform and explain the technical issues to the judge and jury. We can’t do this effectively unless we know the law of expert evidence – and the latest updates – and have this explained to us in layman’s language.
For example, some of us were fortunate enough to learn about Rule 55 in Nova Scotia, but not all know of it. A very valuable rule that emphasizes objective and thorough investigation and analysis, and good report writing. I learned about it from my client after I had carried out a complex investigation but fortunately before I wrote the report. All turned out well.