A number of new pressures on expert witnesses will combine to make this year a seminal one for experts in all disciplines, according to an article in the Law Society Gazette's Legal Services Directory. The initiatives are the cap on fees, introduced in October (with the setting of London levels lower than those outside London), the removal of immunity from prosecution, proposals for pre-trial assessment of witness evidence and the introduction of 'hot-tubbing' of witnesses already being trialled in the Family Court and Chancery Courts. The eventual introduction of Jackson LJ's proposals on civil costs will add to the squeeze.
In particular, the cap on fees, added to the pressure on solicitors to cut costs, could result in a full tilt flight on the part of experts who will feel undervalued. The real fear is that the quality of experts could be severely compromised. The Law Society's council member for child care lawyers, Christina Blacklaws, is reported as expressing fears that the lack of suitable experts could lead to delays that could constitute a denial of justice for the most vulnerable. The general view is that there will not be a stampede for the exits, as evidenced by the increases in entries on this site's Expert Witness Directory.
The squeeze on costs is affecting solicitors as well as expert witnesses, a subject alluded to by Law Society chairman John Wotton in his introduction to the Directory. It is one of a number of directories published regularly by the Gazette. Other subjects include charities and appeals – published to help solicitors engaged in finding recipients for bequests – expert witnesses, continuing professional development and alternative business models.