Stephanie Tombling, Secretariat

Our Spotlight Series, coordinated by the ERE Young Practitioners’ Committee, continues this month with an interview with Stephanie Tombling from Secretariat. If you would like to be featured in an edition of the Spotlight Series please email Patricia Moroney ([email protected]) or Laura Powell ([email protected])

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Stephanie, please tell us a little more about your background:

I started my career in a small forensic accounting boutique where I fell in love with claims and disputes work. However, it was not until 2015 when I joined Navigant that I truly discovered the world of International Arbitration and litigation and that I focused on specialising as a damages expert. In January 2019, I joined Secretariat as a director and co-founded the damages practice in London with one of my colleagues.

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What has been the highlight of your career?

I have had many high points in my career, especially after I joined Navigant, which was a revelation to me. But the most impactful highlight would be my first testifying experience. It was an arbitration with a seat in Singapore and a law firm that knew me as a “number two” from a previous case. The experience felt like a blur, but I remember the air conditioning in the room was so cold that I was shaking like a leaf and I was hoping that nobody would mistake my discomfort for nerves! Overall, it was a very positive first experience that gave me the boost to go out there and get more appointments.? ?

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What has been the biggest challenge of your career?

Probably finding lawyers and clients who were willing to put their faith in me, alongside getting my first testifying appointment. I have been working alongside other experts for many years and it is not easy to be seen in a different light by those who appoint experts.? I was lucky to work with lawyers who recognised my skills, while I also had the support and encouragement from my colleague, which was key to me being appointed. What I would say is that the challenge never stops but it gets easier as more appointments come along.?

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What career advice would you give your younger self?

Do not get stuck in a role that doesn’t meet your aspirations or because you are “comfortable”.? It is too easy to convince yourself that you are happy doing what you are doing, even if deep down you know it’s not true. So just trust yourself and go for it.? ??????

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What is the secret to having longevity as an expert witness?

I was so pleased when I got my first testifying appointment, I remember thinking “that’s it, I can tick that box”. But when my first cross examination was over, I realised that the real challenge had only just started, that getting my second testifying appointment and the next ones would not be much easier and that really the determination never stops. This means being visible to those who have the power to appoint experts, maintaining relationships, creating new ones, not compromising, and, of course, delivering work of a high standard.? ?????????

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Question from last month’s interviewee (Faye Allen, J.S. Held): What do you think Experts can do or need to do better in light of recent cases where Experts have been criticised by the Courts?

A lack of objectivity and straying outside one’s expertise are two examples of criticism that I have seen recently. In my experience, it is crucial for an expert to remind oneself of his/her duties, the overriding duty being to assist the Courts in his/her area of expertise, and also to understand and comply with his/her instructions. There is no shame in acknowledging the limitations of one’s expertise and relying on others for aspects that are outside one’s expertise. A lack of preparation is also often the cause of an expert’s seeming lack of objectivity, so good preparation before a hearing is key. Knowing your report and the evidence you relied on, as well as understanding and being able to explain the conclusions that you made should reduce the risks of being criticised by the Courts. ?????????

What would you like to ask the next expert to be featured in the Spotlight Series?

Why did you become an expert?