How to become a maritime expert witness

Dispute resolution within the realm of maritime law often depends on the testimonies of marine professionals who possess specific skills and experience.

Litigation and legal support in maritime matters has been a buoyant business for centuries. And now, with demand for shipping and marine sector activities continuing to grow apace, it’s an area that has the potential to offer interesting opportunities to anyone who considers themselves to be an expert in their particular maritime field or discipline. 

Typical cases where maritime expert witnesses are called in range from vessel collisions, cargo damage and onboard fires to smuggling, salvage and environmental assessments. 

Maritime expert witnesses are sought out and engaged by maritime lawyers looking to build a viable case on behalf of their clients — so for experienced seafarers keen to take on a new challenge, it can prove to be a rewarding, often lucrative, career move. 

What, then, are the attributes needed to become a successful maritime expert witness…? 

“It has to be somebody who is methodical, pays attention to detail, can do a lot of reading — and a lot of reading of rules — and then form an opinion,” explains electrical engineering consultant Nick Dutton MIMarEST.  

“It must also be someone who isn’t partisan. You have to be an honest person who believes in fair play, and you have to have pride in your work and be prepared to explain and answer questions. You’ve got to be confident in what you say and be able to express yourself clearly. You have to give the court confidence that you are confident in what you’re saying.  

At the end of the day, the judges aren’t the experts — their job is to judge the evidence.” 

Professional experience  

Unlike most legal witnesses, who are usually only allowed to testify on the basis of observed facts, expert witnesses are permitted to offer a technical perspective on a case in question to a court or tribunal based not only on their expertise, but also on their opinion.  

Importantly, the duty of an expert witness is always to help support the needs of the court or tribunal, rather than their own client, by giving an objective opinion and explaining technical factors which are likely to be beyond the experience and knowledge of a judge or jury. 

And, while expert witnesses don’t, necessarily, need to possess any specific kind of qualifications, they do have to be able to demonstrate appropriate expertise through professional experience, training or specialist education — and be able to convey their findings and conclusions in a way that can be easily understood by a lay person.  

“A key to being a good expert witness is preparation,” explains John Noble, Fellow of the Nautical Institute, which earlier this year published its new Guidelines for Collecting Maritime Evidence. “Being an expert in the witness box can be a daunting experience. Clients need to be satisfied that their chosen expert witness has the required expertise and holds a good groundwork in the legal processes involved.”  

Open mind  

Maritime expert witnesses have to be prepared to have their opinions, abilities, and even their motives, challenged by top-flight lawyers who will subject them to, often fierce, forensic questioning in court when the case is being heard. So, anyone thinking of trying their hand at becoming a maritime expert witness needs to have a fairly thick skin.  

“You must keep an open mind throughout your involvement with the case,” advises Capt. Keith Hart, who has provided expert evidence on navigation, cargo, salvage and marine operations in numerous disputes before courts and arbitration tribunals around the world. “Let your assessment of the evidence determine your opinions — don’t settle on an opinion and then seek the evidence to support it.  

“When you’re writing your report, clearly separate the evidence, your analysis of the evidence, and your opinions arising from that evidence. It is the court’s role to establish matters of fact, but you will need to set out the matters on which you have relied in reaching your opinions. Ensure that your opinions are based on the evidence and not a theoretical counsel of perfection. 

“And prior to giving your oral evidence, ensure that you are fully familiar with your own report, that of your opponent’s experts, and the evidence on which your opinions are based. 

“Finally, never take anything personally. Criticism of your expertise and evidence is a routine part of establishing the credibility, or otherwise, of a maritime expert witness’s evidence.”

IMarEST members should regularly update the skills section of My IMarEST with expert witness skills or any other skills that you have acquired since last completing ‘My Expertise’.

Dennis O’Neill is a freelance journalist specialising in maritime