Late citation of witnesses
8 Jun 06
Professional Practice Department advice to give reasonable notice of proofs or trials to fellow professionals prior to citation as expert witnesses
A solicitor brought to the Society’s attention a matter in which he received a citation for a proof less than 48 hours before the diet, having given an opinion on the matter some five years previously. No advance notice of the date of the hearing had been given. Similar concerns have been expressed by other professional witnesses such as doctors from time to time. This is to say the least discourteous to fellow professionals, and solicitors engaged in court work – whether civil or criminal – should bear in mind the need to give reasonable advance notice of proofs/trials to fellow professionals who will almost certainly have diary commitments to be organised. Last-minute citation does not engender goodwill, and it is in the client’s interests as well as the witness’s to avoid doing so. Fellow professionals should be treated with the degree of respect and courtesy that you yourself would hope to receive from others. If a complaint is made, that may lead to an expression of unsatisfactory conduct.