Representing an Expert as Advocacy
The representation of an expert witness is in Georgia an ordinary form of advocacy: the Law on Advocacy defines the activity as comprising legal advice to the person who has approached for assistance, representation of the client in constitutional, criminal, civil and administrative cases before courts, arbitration, and bodies of detention and investigation, the preparation of legal documents, and the provision of legal assistance not involving representation before a third person. An expert who finds himself at the epicentre of a dispute or an investigation fits within this frame as a client — and the protection of his interests is settled by the advocate's general rights and duties. It should be noted that the litigation-support framing of "expert consulting" known from other systems is not a separate institute in Georgian practice — here it is ordinary client representation on the basis of the advocacy law, while the procedural standing of the expert belongs to procedural legislation.
Within the frame of advocacy the advocate also prepares legal documents toward third persons and submits any documentation in the client's name — in the expert's case this means that the clarifications, requests and answers connected with the conclusion are given correct form and are submitted in his name.
The Advocate's Rights in the Expert's Case
The advocate has the right to represent and defend the client, his rights and freedoms, before the constitutional, supreme and common courts, in arbitration and before investigative bodies, and in relations with other natural and legal persons. For the protection of interests, the advocate may, in the manner established by legislation, demand and receive the documents, certificates and other factual data necessary for the activity — in the expert's case, this means access to the materials connected with the conclusion. The advocate's activity may be restricted only by law — a formula that is the guarantee of independence. When the expert is the client, these rights carry a particular function: the expert's position frequently requires a fresh consideration of his own conclusion, and it is precisely that reconsideration, on a documentary base, that the advocate secures.
The guarantee of contact deserves separate mention: the advocate has the right, unhindered, at any time and without control — in the manner established by criminal procedure legislation — to meet a detained, arrested or otherwise confined person and to correspond with them. When, in the expert's case, this guarantee joins the access to materials, the architecture of defence becomes complete: neither the document remains inaccessible nor the person isolated.
All Means and the Information Duty
The advocate has the right to use, in defence of the client's interests, every means not prohibited by legislation or by the norms of professional ethics. The formula is broad but precise: everything not prohibited is permitted — and the norms of ethics set the second boundary. At the same time the advocate is obliged to communicate to the client, in due time, all information and to explain every possible financial obligation connected with the conduct of the case. In the expert's case these two duties work together: the information duty gives the expert the full picture of what surrounds him, while the formula of means gives the advocate the instruments to defend that picture. The practical result is this: an expert who has an advocate is no longer merely an object of the process — he becomes a participant, through the defender of his own interests.
When the Expert Needs an Advocate
The typical triggers for an expert to turn to an advocate are three. The first — a challenge to his conclusion by a party: here the advocate structures the answer and defends the methodology. The second — a fact of influence: here he secures fixation and the appropriate reaction. The third — a summons as a witness or an accused: here he exercises representation in all instances. The inventory of these three triggers shows that the expert's interests are not only criminal — they are procedural, reputational and often contractual; and that is precisely why his protection fits fully within the general frame of advocacy.
Frequently Asked Questions
Below we answer the most common questions about expert witness representation.
What does advocacy cover?
Advice, representation before courts, arbitration and investigative bodies, preparation of documents, and assistance not based on representation.
What right does the advocate have to materials?
To demand and receive, in the established manner, the documents, certificates and factual data necessary for the activity.
How far may the advocate be restricted?
The activity may be restricted only by law.
What does the advocate owe the client?
Timely communication of all information and an explanation of every possible financial obligation.
May the advocate meet a detained client?
Yes — unhindered, at any time and without control, in the manner established by criminal procedure legislation, with the right of correspondence as well.
How We Help on Legal.ge
The expert's position in a case requires both a reconsideration of his own conclusion and procedural representation. On Legal.ge you can consult an advocate experienced in advocacy practice who will protect the expert's interests at every stage. Fill in the request form on the site and receive qualified assistance.