The unique position of professionals who witness climate change is to take part in the global warming debate. While they may be advocates for a particular side of the issue, they have a different obligation than citizens to the public. Their witnessing must be impartial and objective to ensure the facts are correct.
However, the practice of witnessing is not easy. There are both practical and political constraints. There are tensions between the obligation of serving the public and the obligation to respect professional knowledge. Professional witnessing requires professional witnesses to communicate clearly and persuasively with the public. The need to be persuasive in public speech creates tension with the duty to represent expert knowledge responsibly.
In criminal cases, professional witnesses can be called to testify in court. They may be summoned by the Procurator Fiscal, Reporter on the Children’s Panel or any other legal counsel. They may also be summoned by a defense attorney, family lawyer or child lawyer. In these situations, witnesses will receive formal notices requiring them to attend.
In certain cases, a professional witness may be called upon to testify. Their role will be to interpret the facts of a case. They will be required to take oath before the court. This requires a clear understanding of their role and the GMC guidelines when giving evidence. The witness should be prepared to answer questions from the barristers in the courtroom.
Expert testimony is an essential component of criminal and civil cases. Expert witnesses are often called upon to testify. Judges will benefit from their expertise in complex scientific issues. As such, these professionals are crucial in deciding the fate of a case. Each case is different and so the role of an expert witness can vary.
For litigators, it is standard practice to conduct a thorough investigation of the opposing expert witnesses. A failure to thoroughly vet an expert witness can expose an attorney to professional liability or even a negligence claim. Therefore, it is imperative to do research on the topic and identify thought leaders and respected professionals. Conducting research is necessary to gain a better understanding of the subject and to determine if expert opinions are helpful.
Expert witnesses must establish a proper chain for custody of the evidence they provide. This chain of custody includes field studies, scholarly works, and trainings that provide a solid foundation of knowledge. In addition, they must prepare a report before trial, which allows the opposing party to cross-examine the expert.