The unique position of professionals who witness climate change is to take part in the global warming debate. They may act as advocates and stress a particular side of the debate, but they have a different obligation to the public than a citizen. As such, their witnessing must avoid bias and ensure that facts highlighted are accurate.
However, the practice of witnessing is not easy. There are both practical and political constraints. There are tensions between the obligation of serving the public and the obligation to respect professional knowledge. Professional witnessing requires professional witnesses to communicate clearly and persuasively with the public. Tension is created by the need to be persuasive in public speech and the obligation to present expert knowledge responsibly.
Professional witnesses may be called to court as witnesses in criminal cases. They may be summoned by the Procurator Fiscal, Reporter on the Children’s Panel or any other legal counsel. They may also be summoned by a defense attorney, family lawyer or child lawyer. In these situations, witnesses will receive formal notices requiring them to attend.
In some cases, a professional witness will be called upon to give oral evidence. Their role is to interpret the facts in a case. They will be under oath in the court. This requires a clear understanding of their role and the GMC guidelines when giving evidence. The witness should be ready to answer questions from the barristers during the trial.
Expert testimony is an important component of civil and criminal cases. Forensic experts often testify. Judges will benefit from their expertise in complex scientific issues. As such, these professionals are crucial in deciding the fate of a case. Each case is different and so the role of an expert witness can vary.
A comprehensive investigation of the opposing expert witness is standard procedure for litigators. A failure to thoroughly vet an expert witness can expose an attorney to professional liability or even a negligence claim. Therefore, it is imperative to do research on the topic and identify thought leaders and respected professionals. The objective of conducting research is to have a clear understanding of the subject and determine if the expert opinion is helpful to the case.
Expert witnesses must establish a proper chain for custody of the evidence they provide. This chain of custody includes scholarly works, field studies and trainings that build a firm foundation of knowledge. In addition, they must prepare a report before trial, which allows the opposing party to cross-examine the expert.
