A Day in Court Rob Finch BSc PhD ILTM

t would seem that the term ‘expert witness’ can be a mis- nomer. Witnesses called to court in this capacity will, of I course, be experts in their professional field. Without

training, however, such individuals are unlikely to be expert at being a witness. Coaching witnesses is not allowed in the UK but training, which has nothing to do with the specifics of a case, is a different matter. Expert witnesses are present to help the court and will do so far more effectively if they are trained to be fully clear about their role, familiar with the environment, aware of the techniques adopted by counsel and suitably prepared to be cross-examined on their expert opinions.

As a nonclinician, but a developing medical educationalist, I was keen to experience the training methods used by one of the leading UK consultancies in legal training, Bond Solon. I was also more than intrigued to learn something about coumoom slulls myself. Bond Solon kindly invited me to participate in their ‘Courtroom Skills’ course, a small-group, intensive, one-day event providing vital insight into the courtroom environment and procedures.

Our trainer used an effective mixture of didactic delivery, open discussion and role-play to enlighten us on the roles of

the courtroom personnel, including witnesses, and to address personal presentation skills. Taking the oath and presenting oneself and one’s experience effectively, even to a mock judge, is surprisingly nerve-racking and it must be helpfiil to address issues of personal presentation in training rather than in court. A fascinating session followed, during which we discussed the techques used by barristers during question- ing and the trainer ‘demonstrated the ease with which the most theatrical of silks could be brought down a peg or two! The group then spent an enjoyable and highly informative afternoon being cross-examined based on pre-prepared cast: studies.

So what did we learn? Well, apart from a need to practice personal presentation skills before entering court, we learned that it is vital to remember the judge is the most important person, every question can provide you with a ‘gift’ for the judge, ensure that you stay inside the ‘box’ that demarcates your area of expertise and simply ignore theatrics from counsel. It’s easy. Follow these simple rules and you cannot go wrong. In all seriousness, this excellent course provides what should be regarded as the minimum of expert witness training, and provides a solid grounding for additional training in legal report writing, and more intensive cross-examination training. Having experienced a mock courtroom, the thought of an individual arriving at the real thing as an expert witness without the bare essentials is frightening, and there can he no excuse for poor preparation. Many courses are available and the RCOG has now arranged for Bond Solon to provide a Courtroom Skills Course at a special rate (details below) using the excellent new facilities of the RCOG Education Centre.

The Ohstetrician G Gynaecologist July 2002 Vol. 4 No. 3 1 8 4

COURSE REVIEW