Navigating the courtroom as a medical expert witness can be daunting, especially when presenting complex medical opinions under the scrutiny of legal professionals. Dr Michael Likely, an esteemed psychiatrist with years of experience in giving court evidence, shares his invaluable advice on how medical experts can effectively present their findings while maintaining their credibility and professionalism.
1. Understand Your Ethical Obligations
Before stepping into the courtroom, it is crucial to refresh your understanding of the ethical code by which you practice. This ensures that your testimony remains grounded in the professional standards and moral guidelines that govern medical practice.
Dr Likely’s Advice: “Always have a copy of the medical board of ethics that we all swear to. It’s a critical reference point, especially when your professional judgment is questioned.”
2. Thoroughly Review All Materials
As a medical expert, you will be provided with documentation from both the plaintiff and defendant. It is essential to review all the materials meticulously, including your own reports and those of other medical experts.
Dr Likely’s Advice: “Reread your reports and any additional information supplied by the referring party. This also means brushing up on the technicalities of the illnesses or injuries related to the matter at hand.”
3. You’re Not on Trial
One of the most important lessons Dr Likely shares, passed down from his late mentorProfessor Basil James, is to remember that as a medical expert, you are not the one on trial. Your role is to provide an expert opinion, not to defend your professional integrity.
Dr Likely’s Advice: “Always remember, you’re not on trial. This perspective helps maintain composure and focus on the task of delivering objective, informed testimony.”
4. Be Flexible with Alternative Hypotheses
During cross-examination, barristers may propose alternative hypotheses to challenge your conclusions. It is important to be open to these suggestions and acknowledge any reasonable points they raise, while also providing clear reasoning for your own stance.
Dr Likely’s Advice: “If you’re stubborn, you’ll paint yourself into a corner and look foolish. Acknowledge valid points but present clear reasons why you disagree. This approach maintains your credibility and strengthens your evidence.”
5. Stay Within Your Expertise
While it is tempting to cover every aspect of a case, it’s crucial to stay within the bounds of your medical expertise. Remember, the legal professionals are the experts in law; your role is to inform them with your medical knowledge.
Dr Likely’s Advice: “You’re the expert in your medical field, and the lawyers are experts in their field of law. Respecting this boundary helps ensure that your testimony is both relevant and credible.”
6. Directly Address the Barrister
When giving evidence, it is good practice to address your responses directly to the barrister asking the questions. This demonstrates attentiveness and ensures clarity in communication.
Dr Likely’s Advice: “I always write down the name of the barristers so I can address my answers directly to them. It personalises the interaction and helps keep the conversation focused.”
7. Anticipate the Unexpected
Courtroom dynamics can be unpredictable. It is beneficial to prepare mentally for questions that might not align with the focus of your report or expertise.
Dr Likely’s Advice: “In one case, I was asked about the importance of a dog to a patient’s mental health. This might seem trivial, but such details can be critical in forming a comprehensive understanding of the patient’s condition.”
8. Reflect and Learn from Each Experience
After giving evidence, take the time to reflect on the experience and to seek feedback. Each trial offers a learning opportunity that can enhance your future performance and contribute to your continuous professional development.
Dr Likely’s Advice: “I often reflect after and think, ‘What did you learn from that, Mike?’ This self-assessment is key to growth and can also count towards CPD points.”
Dr Michael Likely’s insights offer a valuable roadmap for medical professionals stepping into the courtroom. By staying informed, flexible, and focused on your ethical responsibilities, you can provide clear and credible evidence that upholds the integrity of your profession. Remember, as a medical expert, your role is to assist the court in understanding complex medical issues, not to be on trial yourself.
For more insights and professional advice from leading experts like Dr Likely, stay connected with Red Health.
Dr Michael Likely’s CV Extract
This is a short extract, correct as of 19/09/2024. For Dr Michael Likely’s full CV, please contact us.
Qualifications
FRANZCP
MBBS
BSc
Accreditations
DSM IV / V
PIRS
AMA 5
CIME
Assessment Areas
PTSD | Combat Related Trauma | Anxiety | Depression | Stress | Alcohol & Substance Abuse | Addiction Medicine | Trauma | Personality Disorders | Geriatric Psychiatry | Sexual Abuse Matters | Fitness for Duty | Workplace Injury | Personal Injury Cases
Special Interests
PTSD | Combat Related Trauma | Military Personnel and Veterans | Anxiety | Depression | Stress | Sexual Abuse Matters | Fitness for Duty
Author: Red Health (Silver Corporate Sponsor)
In December 2024, Queensland Parliament passed legislative amendments which will allow juveniles to be sentenced as adults for multiple serious crimes including murder, manslaughter and burglary[1]. It is hoped that by passing these amendments it will reduce youth crime by implementing an ‘adult crime, adult time’ strategy[2].
These amendments seek to target ages 10 to 17 and enable the Court to consider a youth offender’s full criminal history at sentencing[3]. There is heavy consideration of whether these amendments will reduce or increase youth crime. However, the Liberal National Party is confident that these changes will reduce youth crime and that once the amendments have been implemented that there should be an evidence decrease in youth crime[4]. To support this legislation Queensland’s Human Rights Act 2019 will need to be overridden to allow all of these changes[5].
The Liberal National Party has expressed a willingness to strengthen the laws further if required[6]; however, these changes are the first step in discouraging youth offenders.
The serious offences include[7]:
[1] Rachel Stewart and Sarah Richards, ‘Tough youth justice law changes pass Queensland parliament, which will see juveniles sentenced as adults’, ABC NEWS (Web Page, 12 December 2024) <https://www.abc.net.au/news/2024-12-12/youth-justice-laws-pass-queensland-parliament/104716652>.
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] Ibid.
[7] Ibid.
Effective from 26 May 2025, coercive control will be recognised by Queensland as a criminal offence.[1] Therefore, abusive behaviour by adults to a current or former spouse, family member or unpaid carer with the intention to control or coerce will be illegal.[2]
The criminal offence will aim to capture evidence including patterns of physical and/or non-physical abuse which is used to hurt, isolate, frighten, humiliate or threaten.[3] The maximum penalty to be imposed under this amendment is 14 years imprisonment; thereby, recognising the significant harm that may be caused and nature of the offence.[4]
The purpose of the amendment is to criminalise specific conduct by adults (referring to individuals over the age of 18 years) where:
[1] ‘Coercive control laws’, Queensland Government (Web Page, 16 December 2024) <https://www.qld.gov.au/community/getting-support-health-social-issue/support-victims-abuse/need-to-know/coercive-control/coercive-control-laws#:~:text=other%20support%20options-,Changes%20to%20the%20law,to%20control%20or%20coerce%20them.>.
Property held by insolvent company brief summary as per Re PBS Building (Qld) Pty Ltd.[1]
In Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (‘Carter Holt’) it was held that a property on trust by an insolvent company or individual would be normally excluded from the division between creditors.[2] A primary purpose of the liquidator was to have regard to ‘the benefit of the personal estate of the bankrupt or insolvent person’.[3] Notably, the Court has acknowledged that the trustee may benefit personally from a trust under the right of exoneration.[4] Based on the Australian Securities and Investment Commission v Marco (No 9) case,[5] the applicant in Re PBS Building (Qld) Pty Ltd expressed that a ‘stand-alone right of entitlement’ is not limited under the Corporations Act in regards to property exceptions and may under the IPS extend to trust assets.[6] This proposition was rejected due to the proposed construction was not supported in the BIF Act and the terms in the BIF Act strictly denies administrators or liquidators the right of exoneration.[7]
[1] Re PBS Building (Qld) Pty Ltd [2024] QSC 108 (‘PBS Building’).
[2] Ibid [49]; (2019) 268 CLR 524 (‘Carter Holt’).
[3] Carter Holt [27] per Kiefel CJ, Keane and Edelman JJ.
[4] Ibid [28].
[5] (2021) 399 ALR 735.
[6] PBS Building (no 1) [49].
[7] Ibid [50, 51].
Writing email correspondence and communicating with FCFCOA officers can become confusing as it can feel like it is ‘everchanging’. I did not even realise that I had made a mistake until GCDLA committee member Guy told me. Guy further told me that this is a mistake that even well-versed lawyer’s struggle with, which can result in error in correspondence in emails and in the court room.
There are 5 types of FCFCOA judicial officers, and this list can be used as a guide to double check correspondence or as a refresher before heading to Court.
If you are unsure whether you are addressing an individual correctly ask your colleagues and if you are told about a mistake you have made, take it with grace. The only way you will know if a mistake has been made is if you have been told and what better way is there to improve?
What are some other common errors that new practitioners and veteran lawyers make? Email info@gcdla.com.au and let us know.
Author: Lara-Jane Mackie
To succeed in law school is not shown only in a reflection of good grades. All students want to do well yet the truth is law school for the most part will only teach you the theory and basics; however, there are many other attributes and opportunities available to students to aid their success:
Terri Mottershead presented at the 2024 QLS GCDLA Symposium with a topic called : AI in legal practice – the challenges, opportunities and everything in between!
These are my thoughts and takeaways from Terri’s presentation.
Top thoughts about AI
It is less about what you know and more about how you apply it.
Be Aware
The Challenge
We are charged by our ethical rules and our fiduciary duties to act in our client’s best interests. We are their advocates, and they are our bread and butter.
But it is not client advocacy at all costs, is it?
We’ve all come across someone who takes every point, fights every suggestion and never concedes an inch. We’ve also all seen what that does to our client’s invoices.
The reality is what is in the best interests for our clients is the efficient resolution of the real issues in dispute. It keeps costs down; it lets people move on emotionally and it focuses on the areas that will deliver maximum value to our clients.
We are also charged by our ethical rules to be honest and courteous in all of our dealings and, in a lesser-known rule (rule 34 ASCR), to avoid tactics that are primarily designed to frustrate or embarrass another person (including another solicitor).
Less than courteous dealings take innumerably varied forms in terms of tone, actions and words used.
The Court Legal Profession Complaints Committee v in de Braekt [2013] WASC 124 found that the solicitor’s tone in communicating with prosecutors formed part of a series of incidents that warranted their name from being removed from the roll of lawyers.
LSJ Media, the online journal of the NSW Law Society, published an article in 2022 discouraging describing our colleagues as disingenuous, mischievous, egregious, misleading, specious, inept (or demonstrating ineptitude).
Hearsay published an article in 2023 commenting that swamping an opponent with numerous letters or emails without a valid reason may, itself, constitute discourteous behaviour. Swamping a colleague with phone calls necessarily falls into the same category. Depending on the content of the communications, the need for repeated (and perhaps unanswered) communications in short succession and the surrounding context, such communications may be considered conduct primarily designed to frustrate another person (contrary to rule 34).
A properly organised solicitor is, the majority of the time, likely to need to send only one unanswered communication (excluding well-spaced follow-ups) insofar as a single matter or topic is concerned which usually does not need a response for several days (allowing for all practitioners having various demands on their time).
Whilst the value of courteous and civil communication has been extolled previously, the simplest expression may be “you catch more flies with honey than vinegar”.
Author: Ben O'Brien
Every day as Lawyers we engage in conflict and for this reason it is important that we continue to monitor not only our mental health, but those of our colleagues.
Lawyers are more prone to poor mental health and burnout than many other industries because of the stressors and pressures associated with the work we undertake together with the long hours and tight deadlines.
Often as Lawyers, we take on our client’s matters, consuming ourselves with exceeding expectations, but forget to take care of our own mental health. It is important to be aware of the signs of trauma so that we can identify it in ourselves and our colleagues early on to avoid burnout and poor mental health. Some of the signs to look out for are as follows:
(a) Being unable to ‘switch off’ from work;(b) Feelings of doom and gloom when you think about work;(c) Questioning your own skills and competence; and(d) Being detached and insensitive to client’s needs.
If you or one of your colleagues are experiencing any of the above signs, it is important to enlist professional help early. Some coping strategies for someone experiencing poor mental health or burnout are as follows:
(e) Speaking with a professional at an early stage;(f) Talking to your colleagues to de-brief about matters that are concerning you;(g) Speaking with you Firm to assist with managing your workload if you are struggling;(h) Carefully managing boundaries between your work and home life so that you have a place of rest;(i) Taking frequent breaks (even if it is simply a weekend away);(j) Engaging in regular exercise and well-being activities;(k) Eating a well balanced diet;(l) Ensuring you get a good night’s sleep.
The GCDLA is focused on assisting Lawyers to manage their mental health and well-being by hosting various events such as Yoga which was held at the end of May 2024 and Wellness by the Water, which is coming up in October 2024. We also have a mentoring program which allows junior Lawyers to be supported by more senior Lawyers, so that they can seek assistance if they are struggling in any way.
Author: Ailsa Day
It is the bane of every employee, lawyer or recruiter’s existence when preparing employment advertisements. As they say, ‘the devil is in the detail’.
Attention to detail has been defined as thoroughness in accomplishing a task through concern for all the areas involved, no matter how small. We imagine you arere all familiar with the need for and the consequences of a lack of attention to detail. We don’t propose to go into that here.
But how do you improve your attention to detail?
Here are 4 practical tips to improve your attention to detail:
1. Read and re-check your documents - Sometimes the simplest solution is the most practical. There is no substitute for hard work and even in documents filed in Court, mistakes appear. Whilst there is no guarantee that reading it 5 times will make it perfect, the document is likely to be 40% better than after reading it 3 times.
2. Read the document you are referring to - Every time you refer to another document in your communications including emails, letters or submissions make sure to have it open in front of you. This should be applied vice versa as well, if your opposition refers to a document open it and have it in front of you. You will never misquote a document again and you will pick up every time your opponent does, which could make all the difference.
3. Look up the relevant section – Even if you have read it 50 times that day, can perfectly quote it, or you can see it when you close your eyes, still look up the section whenever you or another person refers to it. No one’s memory is perfect, and you will avoid silly mistakes in exchange for an extra 40 seconds of effort.
4. Double check the document you are enclosing - Open the document as it is attached to your email or before sending in a letter. A quick scroll through a document to be enclosed within a letter or attached to an email will pick up any formatting errors, subject line errors, lack of a signature and any one of 146 possible mistakes. Further, you can then be certain of what will be received.
Most of the time these things will not affect the outcome of a matter in the real sense but one day they may, and you will not find out until after the fact. Therefore, do not make the mistake of taking a short cut because it may save time. Your client will appreciate it being done right the first time, rather than there being a mistake that may not be found until it is too late.
Events
GLAD - GOLD COAST LAWYERS ACHIEVING DEVELOPMENT - 4 Feb 2019
MEET THE JUDICIARY BREAKFAST - 8 Feb 2019