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Sep 16, 2024 by Foresight

5 Tips from Mark Speight on Providing The Ideal Instruction Letter

As General Manager at Foresight, I’ve seen firsthand how crucial a well-prepared instruction letter is when working with expert witnesses.

A clear and comprehensive instruction letter can make all the difference in the quality of the expert’s input and ultimately impact the outcome of your case, so to help make that instruction as clear and easy as possible, here are my top 5 tips to ensure your letter hits the mark, and why it’s important.

 

Why does a good instruction letter matter?

A well-crafted instruction letter sets the stage for a successful engagement with your expert witness, and by providing clear, detailed and well-organised instructions, you not only streamline the process but also enhance the quality of the expert’s contribution, which can positively influence the outcome of your case.

Below, I’ve listed my top 5 tips to help craft the ideal instruction letter.

I hope it’s helpful, and please contact me or my team at Foresight if you have any questions or need further advice on drafting effective instruction letters.

 

Mark Speight,

General Manager,

Foresight

 

  1. Be clear and concise

When drafting your instruction letter, clarity is key.

Try to avoid vague language and ensure that your instructions are straightforward, specify whether you need the expert as a consultant or as a court witness and detail exactly what you expect from them.

This will help the expert understand their role and what you need from them right from the start.

 

  1. Provide a detailed factual matrix

Start by setting out the factual matrix of the case in your letter, including a thorough summary of the relevant facts, key issues and the context for the expert’s involvement.

This means listing all documents you’re providing, ideally in a paginated and indexed bundle. And if you’re sharing electronic files, make sure to include passwords and any other necessary access information to avoid any unnecessary roadblocks.

 

  1. Define the scope and objectives

Be specific about what you need the expert to address in their report or testimony, and clearly outline the questions you want answered and any relevant legal standards or case laws that should guide their analysis.

This will ensure that the expert’s work is aligned with your case’s requirements and helps them focus on what’s most important.

 

  1. Set clear deadlines and expectations

Include a timetable with key dates and deadlines clearly marked in order to cover when you need the expert’s report and any other significant milestones.

Providing these deadlines helps the expert manage their time effectively and ensures that you get the necessary input without unnecessary delays.

Plus - don’t forget to confirm payment terms and any other logistical details in this table as well.

 

  1. Encourage honest and open communication

Make it clear that the expert should let you know if they feel they’re not the right fit for the task.

This means emphasising that their role is to offer objective and unbiased advice, not to advocate for your side.

But, you should also encourage them to ask questions and seek clarification as needed. After all, open communication helps build a collaborative relationship and ensures that both you and the expert are aligned.

 

How can Foresight help?

Foresight brings the UK’s most comprehensive panel of expert witnesses to support family and criminal law cases. As an industry-leading provider, we help legal professionals save time and work smarter by sourcing the most suitably qualified and highly experienced expert to support their case within LAA rates, if required - no matter the discipline, no matter the deadline.

If you would like to talk to our team about instructing one of our experts, please get in touch. 

 

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