When instructing the expert, you should explain the way the opinion will be used, the expert’s obligations and the limit and scope of the brief or consulting project. Verbally discuss the case and the relevant issues with the expert to clarify the basis of your instruction but always ensure you follow this up with a written Letter of Instruction.
The primary reference point for Expert Opinions is the Letter of Instruction and therefore the wording is important. Ensure that key issues, facts and assumptions are identified and questions for the expert are as specific as possible.
If you require a draft report, again, clearly set this out in the Letter of Instruction.
Detail any deadlines, hearing dates, or expectation of timing and state if an appointment or site visit is required.
When briefing, if you refer to any inclusions, make sure they are relevant. Be prepared for the expert to rely on them and list them in their report. If additional information is required, clarify who is the source of that information.
Always include a copy of the relevant expert witness code of conduct and instruct the expert to acknowledge it.