{"id":3689,"date":"2015-06-25T14:12:53","date_gmt":"2015-06-25T14:12:53","guid":{"rendered":"http:\/\/www.ericjorden.com\/blog\/?p=3689"},"modified":"2015-06-25T14:12:53","modified_gmt":"2015-06-25T14:12:53","slug":"principles-governing-communicating-with-testifying-experts-their-development-and-acceptance","status":"publish","type":"post","link":"http:\/\/www.ericjorden.com\/blog\/2015\/06\/25\/principles-governing-communicating-with-testifying-experts-their-development-and-acceptance\/","title":{"rendered":"“Principles governing communicating with testifying experts” – Their development and acceptance"},"content":{"rendered":"

The Principles<\/em> developed by The Advocates’ Society, Ontario and published June, 2014\u00a0have been well received by the judicial\u00a0system.\u00a0 And in a short time too. \u00a0I reported on these June 11. (Refs 1, 2) \u00a0I was pleased with them as a civil engineer retained as an expert often enough.<\/p>\n

Following is more information on the development and acceptance of the Principles<\/em>.<\/p>\n

I\u00a0enquired but wasn’t able to learn\u00a0how they have been received in Eastern Canada.\u00a0 I can`t help but think that once they are known to the barristers’ societies in\u00a0this area\u00a0they will be quickly accepted here as well.<\/p>\n

I\u00a0later e-mailed Dave Mollica, B.B.A., LL.B. about the Principles<\/em>.\u00a0\u00a0He is\u00a0Director of Policy and Practice for the\u00a0Society.\u00a0\u00a0Dave said,\u00a0“…the Principles <\/i>were released only a year ago, but we have received very positive feedback<\/strong>“.\u00a0 Following is a summary\u00a0of his remarks: (Ref. 3)<\/p>\n

“The Principles were developed following a case from the\u00a0Ontario Superior Court of Justice (Moore v. Getahun) when the judge\u00a0suggested that it was inappropriate for counsel to review drafts of expert reports with an expert prior to the filing of the report.<\/em><\/p>\n

“A Task Force of around 20 members of The Advocates\u2019 Society, all litigators in various areas of practice, was struck to discuss and examine the issue.\u00a0 Research into the development of expert evidence and the current state of affairs in this regard was conducted.\u00a0 Task Force members shared their own practices on how they interact with experts during the litigation process.\u00a0 This led to the drafting of the Principles and the accompanying Position Paper on Communications with Testifying Experts.\u00a0 Earlier drafts of the Principles were shared with various parties \u2013 mainly lawyers who work closely with experts as opposed to experts directly, but I recall we did also consult with the Canadian Institute of Chartered Business Valuators.”<\/em> (Dave Mollica)<\/p>\n

Three significant developments in a year:<\/p>\n