Ian Robertson SC
Ian Robertson SC shares his approach to expert reports and witnesses, including how to be guided by their forensic assessment rather than their knowledge, what questions to ask and his formal process for analysis.
Show notes
- Introduction: Ian explains the difference between a SC and a QC.
- Ian’s first trial experience and trial-and-error advocacy journey.
- How George Hampel was seminal in Ian’s development as an advocate.
- Ian explains why they use the term ‘coach’ instead of ‘teach’ on advocacy courses in Australia.
- Advocacy courses that Ian would recommend.
- The skill that Ian has developed that has helped him succeed in cases.
- Preparation that Ian does when he has a case that involves an expert.
- Mistakes people make when dealing with experts.
- What questions do you ask your expert when you have a conference with them?
- The difference between being guided by an expert’s knowledge and being guided by their forensic assessment.
- Advice that Ian gives expert witnesses about being in court and the evidence that they are giving.
- Preparation/process before speaking to experts.
- Use Dr Google to help you find out the what the terms used in an expert report mean.
- Formal analysis process, use of simple minds app and working back from your conclusion.
- Syllogistic approach to analysis.
- Using diagrams with experts.
- Mistakes advocates make in examination-in-chief/direct examination of expert witnesses.
- Attacking the credibility and impartiality of experts during cross examination.
- What useful information can you get from an expert in cross examination.
- Hypothetical questions.
- Stillness of mind.
- Controlling difficult expert witnesses.
Book mentioned:
Expert Evidence, Ian Freckelton QC and Hugh Selby QC
Expert Evidence, Ian Freckelton QC and Hugh Selby QC
Courses mentioned:
The South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course at Keble College, Oxford
Australian Bar Association:
– Advanced Advocacy Intensive Course
– Essential Trial Advocacy Course
– Appellate Advocacy Workshop
– Remote Advocacy Training Program
– Expert masterclass.