I am, as always, aware of some of my colleagues' faint censure of such
matters. However, to put things in perspective, I don't believe one should
even consider taking on medicolegal work solely as an "easy" way to boost
one's income, or to otherwise "dabble" in it, for that matter. A robust
legal system is every bit as much a sign of a civilised society as is a
functional medical system, and a legal system relies on expert medical
evidence, both with respect to civil and to criminal matters.
There may well be report-writing "machines" out there, but this is a
foolhardy way to go, in my view. When writing medicolegal reports, it is
salient to remember that every nuance can be brought back to "haunt you" at
barristers' chambers or in court. If you do not relish the prospect of
supporting your written evidence orally in such environments, then be
careful about taking on medicolegal report writing. Your evidence can have a
huge influence on high-value civil cases, or can make the crucial difference
between a custodial and a non-custodial sentence in the criminal courts - no
small matter to be lightly "dabbled" with.
From my own personal perspective, I treat every report with the painstaking
care that they deserve, and, while I may not be able to take on a very high
volume workload as a result, there are compensations with respect to report
fees, which in my case are some two to three times higher than those that
some of my colleagues charge (although some of this relates to London
"weighting"). On the civil side, I continue to derive considerable
satisfaction from assisting genuine claimants, but also take great pleasure
in "exposing" those claims that are misguided, exaggerated or just downright
bogus; and, as a joint expert, we are now in the enviable position where we
can do either. Working with criminal lawyers can be even more gratifying,
for obvious reasons. And there are other, equally deserving, "specialisms":
one's work with immigration lawyers can have similarly far-reaching effects
upon the applicant, as can working with child protection cases etc.
Granted, it would be hypocritical of me to deny that there can be
considerable material rewards - in some cases more than our NHS rewards -
but this should be viewed in the same way that one views one's NHS salary:
just reward for a skilled professional service. If you take this sort of
work on in a half-hearted fashion, you will run the risk of not doing
yourself - or your instructing solicitor - any favours, not to mention the
damage that might be done in the courtroom or in the unfortunate client's
life.
Adrian Fogarty
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