How niche is a Niche Expert Witness?
Throughout helming ExpertsDirect services in its Singapore headquarters, the question I have been asked the most is what makes for a niche expert? Just how niche IS a niche expert witness?
Lawyers are understandably curious about the difference between general and niche expertise. The distinction appropriately suggests a world of greater specificity and relevance in expert sourcing which can help present a more persuasive case in litigation and arbitration.
At the most basic level, we call a witness' expertise 'niche' when the number of experts qualified to comment on the matter is very limited. The common trait amongst all niche experts is that each expert’s arsenal of knowledge, training, and experience includes very in-depth and often industry-leading specialisation in a professional subject matter.
However, the bigger picture and key thing to understand about niche expert witnesses are that the demand for rare and specialised expert knowledge usually corresponds to the high-profile and cutting-edge character of legal matters. The most judicially and commercially prescient matters require niche expert witnesses. And in almost all those cases, the niche expertise reflects global technological and social trends, as well as emerging areas of expertise of which courts around the globe will see an influx in times to come.
To make this view more concrete, here are the factors we have noticed most commonly demonstrate the need to source an expert witness with niche expertise:
- Projects and transactions. These matters usually require an expert with knowledge about the practices, conventions, and standards unique to the industry at its highest-profile, for example:
- Expertise in the proper concrete pouring procedures for large infrastructure projects in a matter alleging the faulty construction of a major national road project; and
- Expertise in the market share and competitors of the largest Testing, Inspection, and Certification (TIC) providers in APAC.
2. The matter requires knowledge about emerging technologies. For example:
- Expertise in the mechanical design of humidifiers for sleep apnea treatment (CPAP devices) for the purpose of determining whether the mechanism infringed patent rights;
- Expertise in the standard of SEO development for online traffic to a major company’s website and associated links, for the purpose of determining the standard of work performed by an SEO developer; and
- Expertise in the proper functioning of commercial aquaponics to determine whether the design of a commercial aquaponics farm was faulty or fit for purpose.
3. The matter requires knowledge in two or more distinct technical areas. For example:
- Expertise in both the chemical composition and chemical manufacturing of cosmetics in a matter alleging the faulty manufacturing of cosmetic products that harm consumers; and
- Expertise in both veterinary sciences and forensic pathology for an opinion on allegedly contaminated sheep drench that caused the death of many sheep.
4. The matter requires an expert with other unique attributes requested by the clients. Lawyers frequently request experts with, for example:
- Language requirements to suit either the court of law the matter will appear in or for the purpose of translating documents and speech. Thus far, we have provided experts with language proficiencies in Chinese, Korean, Arabic and Kurdish (Dari languages), and French.
- Knowledge of specific foreign laws that govern a territory that possesses its own Constitution and also incorporates the laws of other states. Case Study
5. The matter requires an expert to have knowledge in a field not typically litigated. for example:
- Expertise in the difference between goat hairs and bristles to determine whether a consignment of skin-on goat carcasses met Meat Export standards;
- Expertise on the amount of remuneration expected over a lifetime for a senior banking professional to determine the quantum of damages due to a person in a serious negligence matter (see our recent assistance in the Bukit Batok road accident case); and
- Expertise in the brewing of malt to determine whether the placement of bags of malt had become contaminated after their storage next to fertiliser.
The above examples all reference experts that ExpertsDirect has engaged before. ExpertsDirect already houses a curated panel of over 2,041 niche experts, but more importantly, our Research Team ensures that we have the capacity to continue to source niche experts in tune with what the ever-changing landscape of litigation and arbitration requires.
In other words, we source niche experts so that lawyers can see the expert witness process in terms of simply fitting the right expert to the right matter.
Our answer to ‘how niche is a niche?’ is ‘why don’t you tell us?’.
If you are interested in sourcing a niche expert or finding out more about them, contact me or visit our website and review our testimonials, like this one below.
