Recognised Training For Expert Witnesses Acting In Scotland

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Recognised Training for ExpertWitnesses Acting in ScotlandUniversity certificated training and CPD courses for expert witnessesacting in civil and criminal proceedings in Scotland

Why undertake expertwitness training?Can these training courses leadto a university certificate?Along with my other qualificationsI cite my accreditation as an expertwitness every time I give evidence incourt and often get an approving nodof recognition from the judge.As well as having the relevantqualifications and expertise in theirprofessional field, it is now regardedas essential that experts, howeverexperienced, undertake recognisedexpert witness training.Yes – experts who attend 4 trainingdays and successfully complete 3assessments will be eligible for theUniversity of Aberdeen Bond SolonExpert Witness Certificate.‘‘Solicitors increasingly look for expertswho can demonstrate that they areable to meet deadlines, can producereliable and effective reports, present(if necessary) those reports in court andother legal forums, and demonstratean understanding of the Law Societyof Scotland Code of Practice: ExpertWitnesses Engaged by Solicitors.‘‘This is always reassuring when ithappens. Overall the course hasboosted my confidence and increasedmy expertise and for this I amimmensely grateful.Richard J. MarshallClinical Psychologist‘‘With over 8 years’ experience actingas an expert witness, one of the mostvaluable pieces of advice I would passon to new and even to experiencedexperts is that being an expert inyour field is only the start of being anexpert witness. The role and dutiesof an expert witness go well beyondjust advising on an expertise. I wouldrecommend all experts to undertakeaccredited Expert Witness Trainingwith Bond Solon. This has greatlyassisted me in fulfilling my duties asan expert witness, has enhanced thecredibility of my Expert Reports andhas been invaluable in developingthis aspect of my practice.‘‘John Williams FRICS ACIArbChartered Surveyor2?Bond Solon expert witness trainingwill enable the expert to comply withtheir legal obligations, assuring theinstructing parties and the courts of theindividual’s ability as an expert witness.Undertaking the Certificate will also helpdifferentiate oneself from other expertwitnesses in the same field.What training should Iundertake as an expertwitness?Expert witnesses play a fundamentalrole within the legal system by providingopinion-based evidence to assist thecourts in reaching decisions. Expertwitnesses write reports/statements andare called to give evidence in a widevariety of legal forums including: civil,criminal courts, tribunals, arbitrations,fatal accident and public inquiries,professional conduct and practicehearings. In undertaking this role werecommend experts should undertake,as a minimum, training covering:This is the first university certificatedexpert witness training programmein Scotland. Experts who obtain thiscertificate will be able to demonstrate toboth instructing solicitors and the courtsthat they have undertaken specificexpert witness training, and that theyhave been assessed and hold the coreand requisite competencies to act as anexpert witness in Scotland.The certificate must be completedwithin a 2 year time frame. Furtherdetails on the University of AberdeenBond Solon Expert Witness Certificatecan be found on pages 6 & 7.Public and in-house coursesPublic courses are currently being runvirtually. Each course is delivered to smallgroups to ensure that there is sufficienttime for focused tuition, feedback andquestions.If you have four or more expertsinterested in a course it may be morecost effective to run the training as aclosed course for your organisation.Closed courses are delivered eithervirtually or anywhere in the UK and canbe tailored to meet the specific needsof those attending. Expert report/statement writing Giving evidence in court Law and procedure0800 731 2095www.bondsolon.com0207 549 2549

Excellence in Report Writing(1 day)Public courses: VirtualCost: 395 VATDelegates: maximum of 144 or more experts? Contact us for moreinformation on running a closed coursefor your organisation6 hours CPDMany experts create their own reportwriting style or adopt other experts’formats and styles, having rarely receivedconstructive feedback from lawyers onwhat is required from their written report.‘‘Following the training the feedbackon my reports from instructingsolicitors has been so great that theyin turn have recommended me toother law firms.‘‘Simon ThackerayDentist‘‘This training offered real, practicalinsight into how to take instruction,structure and deliver accurate,concise and robust reports whichcan withstand the highest level ofscrutiny. Result!This course explores what lawyers andthe courts expect and require from anexpert’s report. You will be taught howto assess your own and other experts’reports.Working with our model format andtechniques received during the trainingyou will be able to produce, quickly andconsistently, reports that are appropriatefor use in litigation and can withstandcross examination.‘‘Mike FlanneryLead Accident Investigator‘‘KEY LEARNING POINTSAs a niche expert witness, providingreports and evidence in Scotland,England and Wales, the trainingwhich we received from BondSolon was second to none, and hasprovided me and my team with anunderstanding of the courtroomskills that gives us credibility in thelegal forum and has enhanced ourprofessional status. Identifying the issues to beaddressed in your report A structured approach topreparation and report writing Expressing a fair and independentview and justifying your conclusion Dealing with supporting information Developing an objective and criticaleye in relation to your report Insulating your report against crossexamination‘‘An expert’s report is an essential elementin litigation. It must be clear, succinct,independent and well presented. Anexcellent report is also one of the mosteffective marketing tools that an expertwill have in their career. Reports are seenby many professionals during litigationand often new instructions are receivedfrom opposition lawyers.Professor Lorna DawsonThe James Hutton Institutewww.bondsolon.com0800 731 20953

Courtroom Skills (1 day)‘‘The Courtroom Skills training hasgiven me the knowledge, skillsand confidence to be able to giveeffective evidence in court. Owingto this training, the QC in a recenthearing specifically commended myperformance in the witness box andstated that in the future he is going torecommend all his expert witnessesreceive formal training from BondSolon‘‘‘‘Jean McConvilleConsultant MidwifeAs an independent psychiatristlooking to become an expertwitness it was recommended by acolleague that I attend Bond Solonexpert witness training. I now fullyunderstand the importance andimplications of being an expertwitness and am now confident inmy ability to write a court compliantreport and to stand up against crossexamination.‘‘‘‘Una McDermottIndependent Psychiatrist4The witness box is a lonely place. Manyexperts feel they are on trial, rather thangiving independent testimony to assistthe court. Often, experts are unfamiliarwith this environment, as few casesgo to trial. But a poor performancecan undermine your confidence andcredibility.Courtroom Skills is an intensive and highlypractical training day. First we examinethe theory, practice and procedureof giving evidence, demystifying theprocess. Then you are cross-examinedon a case study you prepare on yourfield of expertise. A professional trainer,who is also an experienced lawyer, givesconstructive feedback on your witnessbox presentation. As with all our courses,you will receive a comprehensiveworkbook.Public courses: VirtualCost: 395 VATDelegates: maximum of 84 or more experts? Contact us for moreinformation on running a closed coursefor your organisation6 hours CPDKEY LEARNING POINTS How the Scottish court systemworks Your role as an independenteducator of the court Key skills of presenting effectiveevidence Techniques advocates use incross-examination and how tohandle them Expressing an opinion based on thefoundation of fact Giving confident, clear testimonyunder cross-examination If required, explaining yourmethodology and analysis of thefacts and how you arrived at youropinions0800 731 2095www.bondsolon.com

The Cross-Examination Day is a follow-oncourse to the Courtroom Skills Training.The day involves intensive crossexamination experience which enablesexperts to refine and enhance theirevidence giving performance, and gainmastery of their presentation.Experts involved in civil and criminalproceedings in Scotland need tounderstand the basics of law and legalprocedure to work effectively andconfidently and comply with variousmandatory requirements.Each expert is cross-examined onone of their own reports, once in themorning and once in the afternoon.The second cross-examination isrecorded. If undertaking the Universityof Aberdeen Bond Solon Expert WitnessCertificate then this will be submitted forassessment; experts not working towardthe UABS Certificate can keep theirrecording.KEY LEARNING POINTS Dealing with in-depthcross-examination on a full reportor statement Making full use of supportingdocuments, plans, photographs, etc. Getting to the essence of a complexcase and communicating clearlywith the judge or decision-maker Handling difficult cross-examinationtechniques confidentlyThe practical implications of The LawSociety of Scotland Expert WitnessCode of Practice, guidance and judicialcomment on the roles and responsibilitiesof experts are studied.‘‘I was recommended to go on theBond Solon courses by a barristerwhen I started undertaking expertwitness work and found the trainingin report writing and courtroom skillsto be extremely useful in helping meunderstand the correct proceduresand potential pitfalls whenundertaking such work.Alastair HaytonVeterinary SurgeonKEY LEARNING POINTS The role of the expert Evidence and procedure in the Civiland Criminal Courts Relationships between the expert,court and solicitor The Law Society of Scotland ExpertWitness Code of PracticePublic courses: VirtualCost: 325 VATDelegates: maximum of 204 or more experts? Contact us for moreinformation on running a closed coursefor your organisation‘‘‘‘Law and Procedure(1 day)‘‘Cross-Examination Day(1 day)Whether you complete the full courseor selected modules, you will receive athorough and rigorous training in therequirements of expert witnesses incourt proceedings.Dr Yvonne WalkerEducational Psychologist6 hours CPDPublic courses: VirtualCost: 395 VATDelegates: maximum of 84 or more experts? Contact us for moreinformation on running a closed coursefor your organisation6 hours CPDwww.bondsolon.com 0800080073173120952095www.bondsolon.com55

The University of Aberdeen Bond Solon Expert Witness CertificateIn conjunction with The University ofAberdeen, Bond Solon offers the firstuniversity certificated expert witnesstraining programme in Scotland.The certificate is made up of 4 daysof training. Experts who successfullycompletethecorrespondingassessments are awardedthecertificate.This unique expert witness certificateenables you demonstrate to bothinstructing solicitors and the courts thatyou have been assessed and hold thecore and requisite competencies to actas an expert in Scotland.To date over 1,500 experts from a widevariety of professions have completedthe Cardiff University Bond Solon ExpertWitness Certificate, a correspondingcertificate for expert witnesses who actin English and Welsh jurisdiction.The Training:In order to qualify for a Certificate itis necessary for you to complete thefollowing compulsory training modules: Excellence in Report Writing (1 day) Courtroom Skills (1 day) Cross Examination Day (1 day) Law and Procedure (1 day)Public courses are held virtuallyCost: 1,980 VAT if the 4 modules arebooked separately. 1,782 VAT if the 4 modules arebooked together.These fees include the 470 VATaccreditation fee to The Universityof Aberdeen.The training can also be run as a closedcourse for your organisation - for detailsplease contact us.6The Assessment Process:The certificate is assessed in three parts,all of which must be submitted to theUniversity of Aberdeen within a twoyear period.Part 1 - assessment of your expertwitness reportYou can submit your expert witnessreport at any time during this two yearperiod, but we recommend doing soafter you have attended the CrossExamination Day. You are requiredto submit two copies in court-readycondition including any photographs,plans etc.Part 2 - review of your performanceunder cross-examinationA video of your performance will bemade during the Cross-Examinationday.Part 3 - multiple choice examinationon the law and procedure courseA multiple-choice examination is sat atthe end of the Law and Procedure day.Continuing ProfessionalDevelopment:Expert witnesses who hold thecertificate are expected to keep upto date with any developments andchanges in law and procedure affectingtheir work. It is also essential that theykeep their expert witness skills honedand refreshed. In order to achieve this,experts are required to undertake6 hours of ongoing expert witnesstraining every 2 years.Benefits of The University ofAberdeen Bond Solon ExpertWitness Certificate: Demonstrates you are able to fulfilyour duties as an expert witness inScotland Increases confidence in your skillsand knowledge, both to yourselfand to instructing solicitors Highly-regarded certificate logoand wording for CVs, websites,reports and correspondence tosolicitors, and therefore a usefulmarketing tool Will differentiate you from otherexperts in the same field You are eligible for discountedexpertwitnessprofessionalindemnity insurance with NtegrityInsuranceProviding a pass standard is reached inall three assessments, you will then beawarded the University of AberdeenBond Solon Expert Witness Certificate.You will also be provided with thecertificate logo and specific wording,which can be used on all your marketingmaterial. Holders of the certificate cantake advantage of discounts for otherexpert witness services and productswith our partners including: listings ina number of expert witness directoriesand adverts in the legal press.0800 731 2095www.bondsolon.com

Frequently asked questions about The University of Aberdeen Bond Solon Expert Witness Certificate:Q: How long do I have to complete the UABS Certificate?A: All assessments must be passed within two years of the date on which the candidate’s first pass is achieved. The period may beextended in exceptional circumstances at the entire discretion of The University of Aberdeen.Q: Will I be required to complete any pre-course workA: In advance of the Courtroom Skills course you will be required to send to Bond Solon a 1-2 page case study on which you will becross-examined on the training. For the Excellence in Report Writing course you are asked to bring along with you to the training a copyof one of your expert witness reports from a past case. If you don’t have a report then you could either borrow one from a colleague orBond Solon can supply you with one. Similarly, for the Cross-Examination Day we request that you send us a fully court compliant reportin advance of the course on which you will be cross-examined. Finally, the course manual for the Law and Procedure day is sent to you asa pre-read a month before the training.Q: Do I have to take the training in any particular order?A: The Excellence in Report Writing, and Courtroom Skills training must precede the Cross Examination Day. We also recommend that youallow a gap of at least 2 months between Report Writing and the Cross Examination Day. The Law & Procedure course can be attendedat any time.Q: When and where are the courses run?Public courses are currently being held virtually. Alternatively, if you have a group of 4 or more colleagues interested in a course it maybe more cost-effective to deliver the training as a closed course for your organisation. Closed courses can be delivered at your premisesor run virtually.Q: I have taken expert witness training courses with Bond Solon in the past. Do I get credit for these courses?A: If you have attended expert witness training with Bond Solon previously, then you may be exempt from attending certain courseswhich comprise the UABS Certificate. Please contact Bond Solon to discuss possible exemptions that may apply to you in completingthe Certificate.Q: Is the Certificate appropriate for new or more experienced expert witnesses?A: The Certificate is suitable for both new experts and those who have been undertaking this work for many years.Q: What happens if I fail any of the assessments?A: You will be able to resubmit any of the assessments and can retake the training (optional), subject to additional fees.Q: How do I enrol on the programme?A: Call Bond Solon on 0800 731 2095 for further information or to enrol. Alternatively visit our website at www.bondsolon.comwww.bondsolon.com0800 731 20957

A selection of our clients PROFESSIONAL/AWARDING BODIES, INSTITUTES, ASSOCIATIONSBritish Medical Association, British Psychological Society, Royal College of Midwives, Royal College of Paediatrics and Child Health,Society of Biology, Society of Clinical Perfusion Scientists, Society of Radiographers, Royal College of Obstetricians and Gynaecologists,Royal College of Speech and Language Therapists, Scottish Spine SurgeonsLAW FIRMSAddleshaw Goddard LLP, Brodies LLP, BTO Solicitors LLP, Burness Paull, Clyde & Co LLP, CMS, Dentons, DLA Piper Scotland, DWF,Macroberts LLP, Pinsent Masons LLP, Shepherd & Wedderburn LLPCOMPANIESAtkins, Braemar, Burgoynes, Carter Brown, Deloitte, Diales, FTI Consulting, Hawkins, HKA, Jacqueline Webb, Jane James & Associates,Key Forensics, London Offshore Consultants, Nera, Ottobock, PricewaterhouseCoopers, Resolve Medicolegal, Somek & Associates,The Havens, Wilkins Kennedy, Yorkshire Psychology PracticeCENTRAL/LOCAL GOVERNMENTAberdeen City Council, City of Edinburgh Council, Glasgow City Council, The Highland Council, Insolvency Service, Maritime & CoastguardAgency, MOD, NHS Grampian, NHS Highland, Ofgem, Ofsted, Pensions Regulator, Rural Payments Agency (Scotland), Science andAdvice for Scottish Agriculture, Scottish Ambulance Service, Scottish Information Commissioner, Scottish Legal Complaints Commission,Scottish Police College, Scottish Public Services Ombudsman, Scottish Social Services Council, Serious Fraud Office.About Bond SolonBond Solon is the UK’s leading expert witness information and training company. Since 1992 Bond Solon has been at the forefront ofimproving the standards of expert witnesses in the UK through the provision of high quality and up-to-date information, training andcertification. Over 250,000 delegates have received training from Bond Solon.University of AberdeenOne of four “ancient” universities of Scotland, law was first taught at the University of Aberdeen when it was founded in 1495.Nowadays, the School of Law’s aim is to provide an excellent education in law, and it takes pride in delivering high quality, engaging andacademically challenging learning opportunities. Our close links with the legal profession, industry and policymakers means that ourrecognised excellence in teaching and research remains aligned to sector and governmental needs. With around 50 academic staff and1,250 students, Aberdeen is ranked 6th in the UK for Law by the Complete University Guide 2021.0800 731 2095www.bondsolon.comBSLB14375

With over 8 years’ experience acting as an expert witness, one of the most valuable pieces of advice I would pass on to new and even to experienced experts is that being an expert in your field is only the start of being an expert witness. The role and duties of an expert witness go well beyond just advising on an expertise. I would

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