AI and the Expert Witness

The Expert Witness Institute (EWI) recently published a podcast on the topic. It examines how AI might be used by expert witnesses to help with their task of producing reports in legal proceedings. The podcast, linked below, includes a contribution from Richard Edwards, a Board Member of the EWI.

Expert witnesses play a vital role in the justice system. Their job is to advise the court on issues within their expertise and upon which the court and parties need guidance.

In serious injury litigation expert evidence is routinely called for. Experts will be required to provide an opinion about the extent of a claimant’s injuries. They can also be invited to help explain how the accident happened.

Without their input claimants would not be able to prove their claims to the standard demanded by the justice system. In other words the functioning of the system depends upon expert witnesses. As their role is so vital, it is also heavily policed by procedural rules and case law. The objective is to ensure that experts respect the fact that their role is to provide independent advice to assist the court.

The introduction of AI brings challenges. Courts must be satisfied that the opinion is the product of the expert giving evidence, and that the basis of the opinion is clear and properly supported. If not, the court might reject the opinion leaving the party relying upon it facing the loss of the action.

In the podcast some ‘dos and don’ts’ to guide expert witnesses on the use of AI are helpfully set out by Simon Berney-Edwards, CEO of  EWI and Policy Manager, Sean Mosby. In his contribution, Richard Edwards, suggests that expert witnesses should bear in mind the demands of PD35 paragraph 3.2(5). Richard says that this provision means experts should be ready to declare when they have used AI to help in the production of their evidence.

Listen to AI and the Expert Witness podcast episode.