Expert witnesses are critical in the course of litigation. The Professional standards and obligations they are subject to are determined by the following institutions:
- International Council for Commercial Arbitration (ICCA)
- International Compliance Professionals Association (ICPA)
- Expert Witness Institute (EWI)
- The Academy of Experts
- The International Bar Association
- The Chartered Institute of Arbitrators (CIArb)
Professional standards and obligations have been compiled for you:
- Competency
- Confidentiality
- Objectivity
- Act in Good Faith
Competency
Expert witnesses should have in-depth knowledge and experience of the issues presented to the court. A competent expert witness must have the capacity to understand, analyze and provide reliable opinions on the issues relevant to the case.
These characteristics enable an expert witness to play a credible and effective role in court. Only a competent expert can contribute to a fair litigation process.
Education and Experience
The expert must have expertise and experience in the relevant field.
Up-to-Date
The expert must be knowledgeable about current developments and legal regulations in the relevant field and must keep this knowledge up to date.
Research Skills
The expert should be able to analyze documents, conduct research and understand the subject matter of the case in depth.
Analytical Skills
The expert should be able to analyze data, solve complex problems and independently reach logical conclusions.
Ability to Expression
The In court or in written reports, the expert must be able to communicate information clearly and present honest and impartial opinions while maintaining independence.
Professional Ethics
The expert witness must comply with professional morality and ethical rules, avoid conflicts of interest and maintain independence.
Professional standards and obligations have been compiled for you:
- Competency
- Confidentiality
- Objectivity
- Act in Good Faith
Confidentiality
The expert witness's standard of confidentiality refers to his or her ability to respect the details of the case, the sensitive information of the parties and the aspects of the court process that require confidentiality. By respecting confidentiality, the expert minimizes conflicts of interest between the parties.
The elements of the confidentiality obligation to which experts are subject can be summarized as follows:
As a result, an expert witness contributes to a fair litigation process by protecting the sensitive information of the parties and the confidentiality of the court process.
Professional standards and obligations have been compiled for you:
- Competency
- Confidentiality
- Objectivity
- Act in Good Faith
- Confidence of the Parties
The expert must maintain the parties' trust in the court and keep the parties' information confidential.
Impact on Court Decisions
By maintaining confidentiality of information obtained during litigation, an expert prevents misuse and contributes to the impartiality and accuracy of court decisions.
- Ethical Responsibility
The expert should respect confidentiality within the framework of professional ethical rules and legal requirements.
- Legal Process
Confidentiality in court processes protects parties and court functioning, and must be upheld by expert witnesses.
Objectivity
The expert witness must be objective, independent and unaffected by any potential conflict of interest that may arise between him or her and the parties. The independence requirement stipulates that expert witnesses must provide impartial and objective opinions and must not assume the role of a lawyer.
The elements of the impartiality obligation to which expert witnesses are subject can be summarized as follows:
The objectivity and impartiality of expert witnesses ensures that the litigation process is fair and reliable. The objective and independent work of expert witnesses adds credibility to the functioning of the law and supports the achievement of fair results.
Professional standards and obligations have been compiled for you:
- Competency
- Confidentiality
- Objectivity
- Act in Good Faith
Justice and Credibility
Expert witnesses enhance justice and court credibility by being objective and impartial, thereby increasing trust in the judiciary.
Evidence Evaluation
Expert should use his or her scientific or technical knowledge independently of personal opinions or the outcome of the case.
Avoiding Conflicts of Interest
Expert witnesses must disclose conflicts of interest and remain unbiased, not favoring any party.
Basing Court Decisions
An expert's impartial and evidence-based opinion aids in rendering fairer and more sound court decisions.
Rule of Law
Expert witnesses' adherence to the principles of objectivity and impartiality aims to uphold the rule of law.
Professional standards and obligations have been compiled for you:
- Competency
- Confidentiality
- Objectivity
- Act in Good Faith
He or she must observe basic standards of honesty, integrity and candor towards all parties to the case. Moreover, expert witnesses must be honest in their testimony and must not make deliberate misrepresentations. Therefore, honesty and candor should be a fundamental element in legal proceedings. It is very important for the parties to the case and the fair functioning of the law that expert witnesses meet the qualifications set out in international standards. Possible deficiencies in this regard may cause material and moral damages for both parties. As a result, it is of great importance for the parties to the case that expert witnesses comply with the standards set forth. For this reason, working with expert witnesses who have the qualifications within the scope of these standards prevents potential material and moral losses.
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