INTRODUCTION
Experts of many disciplines are regularly used on disputes of all shapes and sizes. As a solicitor often responsible for the management of a team including experts, witnesses, clients etc., I often wonder whether the standards and procedures to be adopted by the members of that team are well-understood.

Much has been written on the "independence" required of experts but little has been written from a practical perspective of what is involved in an expert appointment, particularly from a solicitor's point of view, albeit a personal one. So, here goes!

THE REFERRAL
I often receive from experts brochures outlining their services without their having given (seemingly) much thought to where that information is going, and to what end.

Many firms of solicitors have construction units or departments. Take the time and trouble to find out the partner or partners in charge. Find out if the department is stronger in certain areas. Tailor your efforts accordingly if that is the case. Ring first. Explain who you are, what you are doing. Why not suggest a short meeting at the solicitors' offices to discuss things?

Remember, you are selling a service - your expertise - and that initial contact and meeting can be important. Look to offer something which your competitors can't -advice in a specialised area or some cross-selling ideas.

Once you have made that contact, your name/practice will spring to mind when an appointment beckons.

THE APPOINTMENT
On many occasions, you may be fortunate enough to secure work directly from the solicitor, and without competition. I would suggest that these occasions are becoming, or will soon become, rarer.

On any large-scale construction or engineering dispute, for example, the client and solicitor will probably want to assess the relative strengths and weaknesses of several experts of like discipline. This will probably take the form of an informal interview with the solicitor and client. This is likely to be the route which I would advise. Be prepared for this. Find out, in advance of your meeting, something about the client's business and about the project. Why not suggest, if you are not asked for it, a confidentiality undertaking so that you can see in advance some of the project documentation. You may baulk at the thought, but the investment of a little time and money may prove of great value subsequently.

At this stage, the solicitor and client will probably want to know about the following:
• experience particularly suited to the project
• the likely size of the expert's team
• availability of resources, both now and in the future. Many experts use agency labour, particularly for some routine quantum tasks, and this labour (and its knowledge) may be vital at a later stage.
• other long-term commitments
• rates of pay sought
• presentational aids

Have the answers to these questions ready. Prepare a hand-out with your rates on as fees should be addressed at an early stage. Explain who will fit into each category. If (as on a construction project) planning/programming expertise is required, explain how this will be dealt with.

If successful, the expert can and should expect a letter of appointment directly from the client. This is the normal contractual arrangement, albeit that the expert will be receiving most instructions directly from the solicitor. The letter should confirm broadly: the work expected of you; any rates of pay agreed; whether you are bound by deadlines; whether the project requires long-term commitment (perhaps a far-off trial date which you must nevertheless commit to now); the records which you must keep showing what work is done, when and by whom (these are essential for subsequent taxation purposes). If any of these issues are not dealt with, clarify them immediately.

PRE-TRIAL WORK
You've been appointed and you are looking forward to a long and healthy relationship with the solicitors and their client. Your work will progress through some relatively well-defined stages such as:
• preparation of claim documents
• assistance on discovery, both practical and technical
• experts' meetings and experts' reports
• trial preparation.

These stages may require long hours and periods of work. This is not unusual. Litigation and other forms of dispute resolution often work to strict deadlines. It may be tactically very important to a client to achieve a deadline, perhaps to serve a claim on time to demonstrate strength of purpose to an opponent. If you anticipate problems, whether your own or any other team member's, don't hesitate to raise them at the earliest opportunity. If your solicitor has not set them up (and he should have) suggest regular team review meetings when these sorts of issues can be discussed.

On discovery, can you or your staff assist in the marshalling, coding, listing of (what can often be) thousands of relevant documents? If you can do this, and have experience, raise it with the solicitor first. It may fit in well with the overall case strategy, and the client may be delighted at the offer.

When you meet your other expert(s), be prepared for the meetings. Understand what a "without prejudice" meeting is. Understand the scope and/or limits of your authority at the meetings -can you agree figures as figures? Do not exceed your authority. If you feel inclined to agree something outside that scope, then clear it first with the solicitor and client.

Take notes at your meetings. Circulate and agree them with the other expert(s). Let your solicitor see the draft notes - not to re-write them, but to understand what is being discussed and the possible impact of it on the case.

So, you've done all the pre-trial work, experts' meetings and trial preparation. The case won't settle despite efforts on all sides. Trial looms.

THE TRIAL
This is often the most important part of the case for you. Be ready for long days and nights of intensive work with all the team - lawyers, other experts, witnesses of fact and the client. You may be working away from home so make sure you have technical support. Do you need other members of your staff present for all or part of the hearing? If so, explain why to the client.

You will be expected to listen to and comment on the opponent's witnesses (both expert and factual) as they give their evidence. Of course, you've already seen and commented on their reports and statements but it's surprising how often changes to that evidence come out when in the witness box.

Help the lawyers to prepare fully for cross-examination. Don't be afraid to suggest questions or lines of enquiry not only to put to your opposing' experts of like discipline but also to experts of other disciplines. Don't forget, it's a team game, and the team that is best prepared and organised may win not just because of that, but it will do no harm to the effective presentation of its case.

CONCLUSION
I apologise if, to many, this all seems to be a case of "teaching grandma to suck eggs". It's surprising how often team spirit is not engendered at the outset, or is lost through lack of effective communication amongst the team members. It can be summarised quite simply. You are appointed by the client to investigate aspects of its case. In doing so, you ought to be guided by the clients solicitor. You should report fearlessly on your findings. You should look to contribute to the development of the case management. That will lead to team spirit and, hopefully, a job well done. (So, that's my perspective on our use of experts. How about the situation in reverse?)

Chris Wilcock is a partner in the Northern Construction and Engineering Unit of Hammond Suddards, Solicitors based in Manchester.