Witness

I am an expert witness for the defendant. In everyday life, I am an engineer and I have specialized in the analysis of indoor air quality for several years. I have had my own consulting firm for 14 years now.

The defence lawyer asked me to testify about an analysis that I conducted in a shopping mall. It was Mr. Lee who first contacted me. He is the owner of a small jewellery store in the mall. He told me that he had certain symptoms that he thought were related to the bad air quality at the mall. After making the proper analysis, I was able to confirm that the air quality was a problem and that it presented risks for people’s health.

The lawyer for Mr. Lee asked me to produce a detailed report of my analysis. This report was sent to the other party and the judge also took note of it.

To better explain my role, it is important to know that there are two kinds of witnesses: “lay-witnesses” and expert witnesses. The lay-witness testifies about the facts that she knows; for example: what she said, did, heard, etc. The expert witness is called because of his professional expertise: he can give a professional opinion. It can be a psychologist, a real estate assessor, a pharmacist… Also, unlike the lay-witness, the expert is generally paid by one of the parties.

As an expert witness, my role doesn’t consist in defending one party in particular. Instead, I defend my professional opinion. Obviously, if one party asks me to come to testify, it is because they believe that my opinion is favourable to his side.

Before coming to court, Mr. Lee’s lawyer asked to meet with me to discuss the whole case. He explained the points that I should insist on, the weaknesses and strengths of the case. He also helped me to clarify my conclusions to ensure that I would be well-understood by the judge. However, the lawyer is not there to suggest what my answers should be or to try to change my opinion. I answer according to my knowledge and professional experience. This is vital because my professional reputation is on the line.

The lawyer also took care to explain how the trial would unfold. First of all, he will ask questions that will allow me to explain my abilities, the tests I performed, the nature of my analysis, my conclusions, etc. Then, it will be the other party’s turn to question me. The questions will be much more directive and will concern precise points of my testimony. The lawyer told me that this part is often very difficult for a witness. The lawyer who cross-examines will probably try to attack my credibility and try to raise defects in my testimony. I must not take it as a personal attack because the lawyer is only doing her job. Easier said than done – but at least I know what to expect!

Testifying in court can be a stressful experience. I am not that familiar with the legal system, but I know my work well and I feel completely comfortable with the conclusions of my report. I know that I did the necessary analyses well and that I wrote my report with care. Actually, it will be a good experience for me.