The Believable Truth

Introduction.

I sometimes wonder if individuals presenting the news, especially those on social media, are obliged to swear an oath before they are admitted to the Twittersphere or the realms of TV’s paid journalistic punditry. Perhaps it would go like this:

“I swear to avoid the truth, share the partial truth and say anything but the whole truth!”

I have written many times about the need for the truth, the absolute necessity to understand the facts and human frailties that lead some of us to use selective facts to support our shaky opinions; cognitive dissonance and confirmatory bias spring to mind here.

However, I believe we are living in a new more dangerous era where the pernicious, rather than unconscious, rejection of facts is becoming prevalent. We are assailed on every side with people, organisations and bodies who are happy to mislead us with partial truths or no truth at all. Let me quote a wise fellow… not me;

“In the end, what is true will come to be known. The truth always appears eventually, despite all efforts to hide it. It is impossible to keep something secret forever.”

People who are interested only in promoting their own agenda are problem enough, but when they come together (even informally) they can sway the opinion of the uninformed or the poorly researched.

As expert witnesses we must shun the biased reading of figures, the selective use of facts, the search for the few wronged in the forest of those treated well. We have to rise above the modern desire to reduce the reputation of others or destroy people or groups simply to feel better about our own situation. Let’s leave that to the BBC, ITV and the other world media.

Our role is to present a case honestly using all of the facts and utilising our experience, training and expertise.

Knowing the end from the beginning!

I volunteer for my local church, I teach a bible class at 6:30am, twice a week for one hour to teenagers who are barely awake at the beginning of the lesson, let alone after an hour of my teaching. However, I do get to absorb some useful biblical wisdom from prophets like Isaiah. In Isaiah 46 it is declared that only God knows the end from the beginning, unless you are a prophet and I am not.

So, it’s not for me as an expert witness to begin reading the facts having already established my conclusion. I can only make that conclusion an honest and independent one if it is derived from the facts uncovered on the journey.

We as forensic experts are usually looking back, often we know the outcome (delay/excessive expenditure/failed structures) before we begin. However, we must be as open as possible as to how events unravelled, how they impacted the project, what costs arose and whether the finished product met the agreed specification or brief.

We need an open mind even when we know that a job went wrong. It may have been bad luck (weather), happenstance (Covid 19), error (in design or execution) or simple under performance. More than likely there will be an element of all causes in a long running project that is in serious delay or cost overrun.

Keeping us Honest.

We have scruples, a moral compass, perhaps a spiritual litmus test, or even a Jiminy Cricket on our shoulder. Personal standards and pride help to keep us honest, as do the consequences of bad behaviour. Negative consequences/ punishment can be imposed by our peers, Courts, Tribunals or professional bodies. Even from our God, if we are of a religious nature.

Rules, regulations, guidelines and procedures will all assist us in staying honest, but we are free spirits, we have the freedom to choose. We have our agency to choose to be honest in difficult circumstances or to be dishonest and make life easier (at least in the short term).

We need good people around us, peers who will sanity check our findings, opinions and be bold enough to tell us that we have strayed from the independent line. These are my guidelines for peers who will check your work:

1)?????The person should be of equal or superior status.

2)?????The person should be made aware that there is no downside to being entirely honest.

3)?????The person must be bold and outspoken.

4)?????The person must be invested in an honest outcome.

5)?????Preferably, the person will like you and want you to be your best self.

Strength of Purpose.

We can often be entirely honest in our own reporting but be reluctant to argue or contradict others, even when we know that they are wrong. We do this because we are looking for acceptance, camaraderie, or a return of the favour.

We know full well that there are some occasions when outright honesty (as we see it) is not welcome. Let me give an example:

“Since retiring I have taken up painting. Here is my first canvas, what do you think?” You look, your eyes and brains combine to make sense of what you see but they appear incapable of interpreting the bold, colourful strokes or indeed the subject matter. Here is an opportunity to be honest about some element of the work without lying about its quality.

“It’s a confident statement, that’s for sure. I am sure that it could hang on the wall of any one of a number of establishments.”

“Colourful, bold, impactful. I won’t forget it quickly.”

“That’s a nice frame.”

All of this is fine in a social situation as long as it is done sparingly; don’t tell a wailer that their upcoming appearance on Planet Earth’s Got Talent will be the beginning of a successful career. Be bold enough to tell the truth and save them and their listener’s discomfort. In a business setting we have to be strong and say what is right.

I have encountered many opposing experts, we have wildly disagreed, we have angrily disagreed, but we have always remained cordial (in the long term, maybe not in the moment).

Be bold, stay true and allow others to follow their conscience, even if you disagree.

Invulnerability.

Krypton’s Red Sun made Superman invulnerable on our planet, under a yellow sun. We have no such luxury. Not only are our bodies frail, our thought processes can follow suit. It is not unusual for individuals to have very firm and committed views on a topic at university and quite different views in retirement. We can be right or wrong, we can be right but ahead of our time, we could be proven right at nineteen years old and proven oh so wrong at twenty-five. We could be self-righteous or stubborn, gullible or easily led. Whatever our position we are not invulnerable, we are in a constant flux. We are constantly learning.

Our greatest strength as an expert is our ability to listen and change our views when faced with new facts or a more reliable analytical methodology. We are not invulnerable but if we are wounded we can heal and learn from our experience and that just might be better than invulnerability (for an expert not Superman).

Longevity.

I have been a testifying expert for thirty years, way longer than I thought, or probably hoped. You can be too. There is no need to lose your reputation for a single flawed case or a tempestuous client.

By refusing to prejudge, analysing honestly, sticking with genuine outcomes, accepting honest criticism and changing paths when it is required, you can be the expert everyone wants to instruct. The expert witness that Judges and Tribunals listen to, the expert witness you were meant to be.

Jeff Whitfield is an expert witness and a Director of CCi, A Rimkus Company.