33.1 When to brief an expert

The appropriate time to brief an expert in pending or actual litigation or arbitration will depend on a number of issues arising from the dispute. It also depends on what role the expert is required to fulfil – expert witness (“clean expert”) or technical expert member of the legal team (“dirty expert”). The distinction between these roles is fundamental; it must be clearly understood by the legal team, and it must be made clear in the brief to the expert.