Expert witnesses are advocating for increased involvement from the Solicitors Regulation Authority (SRA) in resolving disputes with solicitors, particularly regarding pressure to modify professional opinions and payment delays, according to a recent survey.
The Expert Witness Survey, conducted by Bond Solon in partnership with the Law Society Gazette, reveals that over 90% of experts support establishing a formal process for reporting issues to the SRA. While current court rules allow experts to raise concerns with judges, respondents believe the SRA could play a more significant role in oversight.
Key Survey Findings
The survey of 537 expert witnesses highlighted several critical issues in the expert-solicitor relationship:
- More than one-third of respondents reported encountering “hired gun” experts who appeared to favor their paying clients rather than maintain independence
- 20% identified cases where experts had potential conflicts of interest
- A majority supported implementing stronger sanctions against solicitors who pressure experts to breach their court duties
- Nearly two-thirds of experts maintained the same fee rates as the previous year
Payment Problems and Professional Conduct
Experts expressed frustration with what one participant described as an “institutional refusal” by some solicitors to honor agreed payment terms. The survey revealed widespread support for creating a formal reporting system for payment delays and disputes.
Call for Regulatory Reform
Mark Solon, founder of Bond Solon and Wilmington Legal chair, suggests the time has come for the SRA to implement specific regulations governing the expert-solicitor relationship. He advocates for new rules regarding due diligence in expert selection and instruction.
The findings gain additional significance amid heightened scrutiny of expert testimony reliability, particularly following the Lucy Letby trial and Post Office Inquiry.