expert advice
It is not always obvious whether or not the level of service provided by a professional is so poor that it can be termed "negligent"
Professionals are human beings and are therefore not perfect. The law recognises this fact and so for somthing to be negligent the standard of service must fall below the level which can be reasonably expected within the relevant profession.
The answer will therefore depend to a large extent on the customs and practices of the relevant profession itself. Accordingly it is common for parties to rely upon what is known as "expert evidence" in Professional Negligence claims. By doing so the professional is effectively being judged by his peers so that in a case of surveyors negligence, for instance, an expert surveyor will be asked to comment upon the work of the "negligent" surveyor, or in a case of accountants negligence an expert accountant will consider the standard of service of another accountant.
Experts are normally instructed to prepare a report by the lawyer handling the case and if it goes to trial then the expert may be required to give his evidence in person to the court and be subject to cross examination. It is therefore important to take great care when selecting a suitable expert. Ideally the expert should not only be someone at the top of his or her profession but also experienced in acting as an expert witness and familiar with the basic rules of evidence.
At ProNeg we are well placed to locate and recommend a suitable expert and have access to a vast number of suitably qualified people in every profession imaginable.
