A practical guide on how to effectively brief an expert

These are some of the questions to be addressed at the upcoming Law Society of NSW live webinar ‘A practical guide on how to effectively brief an expert.’ Justin Wong, Principal Lawyer at Streeton Lawyers will be covering a range of topics from how to select the right expert, to how to draft clear instructions that comply with ethical duties and rules.

Wong is an Accredited Specialist in Criminal Law. He worked as a lawyer at Deacons (which later became Norton Rose Australia), and the Commonwealth Director of Public Prosecutions, before eventually starting Streeton Lawyers. When asked why expert evidence is crucial in the litigation process, Wong says that litigation spans most areas of people’s lives and courts are often required to determine “complex” and often “novel” matters. “Courts and lawyers need the assistance of experts to understand these issues and resolve the disputes.

“Imagine if it was simply up to lawyers to make a decision on a complex financial case, or a contested matter that involved an evaluation of best practice in someone’s medical treatment. The outcomes would be perverse,” he says.

As Wong explains, in criminal law, expert evidence can inform the courts on a range of matters from mental health issues to disputes about injuries, to traffic accidents and DNA. He points out that in recent times, expert evidence has helped courts to comprehend the various issues “arising out of the Bugmy case and assessing an offender’s moral culpability against the backdrop of their early life and upbringing”.

Wong acknowledges that expert evidence can play a role at any stage of the litigation process. “It can inform a potential litigant about prospects before any litigation is commenced. It can also be powerful evidence to assist in pre-trial negotiations so matters can be settled before they even start,” he says.

Wong says the types of issues that parties and courts need to contend with have evolved, growing ever more varied and complicated. This has been a trend for years but more recently, with so much information in the public domain, there has been a more “critical approach” when it comes to accepting expert evidence. “Parties and courts are much more sophisticated and informed, and more likely to challenge the opinions of experts. …

“There are also more experts offering to provide court opinions, which means that parties need to be more and more discerning when selecting experts,” he says.

As for whether there is a ‘right time’ to brief an expert, Wong says it depends on the matter. “Sometimes it’s best to wait until all the evidence has been served or disclosed, so the issues can be clearly defined and the expert properly briefed.

“In other cases, it’s best to get an expert briefed early so they can assist with identifying the scope and working out what evidence is going to be required. It really depends on the circumstances,” he says.

Wong recognises that lawyers often manage busy practices so briefing experts can often feel like “routine” or procedure. “[I]t’s really easy to just go through the motions when briefing an expert.

“That can cause problems, so it’s important to step back and look [at] things like why we brief experts, and what practical things can lawyers do better to reduce the risk of expert evidence becoming a problem rather than an asset.”

Wong will be leading the session on Thursday 26 March 2026. The session will explore the ‘essential steps’ to commission, instruct and collaborate with experts to deliver effective, persuasive and compliant evidence. To register, click here.