Ask experts specific questions

A common error when dealing with expert reports is to ask questions that are too general.

This normally occurs in two ways. Firstly, instead of asking questions about the client, the adviser asks, in general terms, about the situation that the client is in. For example, rather than ask about the client’s depression, the adviser asks for general information about depression and its effects. This is unhelpful. The tribunal’s interest is in how depression effects the claimant specifically, not in how it might affect other people.

Secondly, instead of asking questions addressed to the issues in the case, the adviser asks, in general terms, about the client’s condition. For example, the adviser might ask “For an opinion on Ms Jones’ depression”. This may, or may not, provide a useful report. A series of specific questions focused on the relevant legal test is far more likely to result in useful evidence.