Can a lawyer tell you what to write?

The immediate response is 'of course not', but it is not quite as simple as that.

Expert witnesses have a primary duty to the court to give their opinion independently and impartially. So the lawyers cannot ask you to change the content of your report. However, the lawyers have the duty to make sure that the form of the report is correct - the right questions are answered, wording that can be unintentionally influencing the court is not used, etc. My general rule of thumb is this: I will not change the content of my report, which is my findings and my opinion. I am happy to change the form of the report, e.g. answer specific questions, remove some statements (e.g. replace 'two charges of cannabis use' to 'one charge' if the other was dropped), or change words that have different legal meaning than I intended. In my experience the lawyers have been incredibly fastidious in keeping to these rules as well, so it has not been a problem.

I have come across a good little article on this topic through Experts Direct. It can be found on http://www.expertsdirect.com.au/can-lawyers-change-expert-witness-reports/ .

cheers,

Izabela

Neuropsychologist in Alice Springs

Dr Carmel Lum has moved to central Australia. Here are her new contact details:

Dr Carmel Lum

c/- SSSS

Central Australian Aboriginal Service

14 Leichhardt Terrace

Alice Springs 0870

email: clumwork@gmail.com

A fascinating place to live and work.

cheers,

Izabela