The second survey from Equal Representation for Expert Witnesses (ERE), conducted in collaboration with global consulting firm AlixPartners, reveals a growing desire among legal professionals to effect change – and a burgeoning pipeline of aspiring expert witnesses – notwithstanding a lack of tangible progress in the number of women taking the witness stand.
Of the female respondents who have yet to provide written or oral expert evidence, 88% said they hope to do so in the future, up from 79% in 2023, demonstrating increasing aspiration to move into leading expert roles.
The survey data also highlighted a rise in the number of female experts appointed more than 20 times – from 32% to 36% – demonstrating that, once women are given the initial opportunity to take the expert witness role, they are being called on to do so again.
Meanwhile, 97% of female respondents said they regularly draft expert witness reports or play a major role in drafting them, compared with 93% of men.
Despite this promising data, respondents also reported that women were appointed or testified as the sole expert witness in just 9% of their cases in 2023 (compared with 10% in 2022).
The data, released around the second anniversary of the launch of the ERE Pledge, reinforced lawyers’ preference to “use experts they know or have used previously” as believed to be the biggest reason for fewer female than male expert witnesses being appointed, while “a lack of women reaching sufficiently senior levels in their own professions” and “a lack of experience in an expert witness role” also featured again in the top three reasons, mirroring the results of 2023’s survey.
Overcoming the barriers to a first appointment
Achieving that critical first appointment remains a challenge for all experts. According to our respondents, aspiring female experts should prioritise becoming more visible to instructing lawyers (through networking, taking up speaking opportunities and using social media, for example), while ensuring they make their aspirations clear within their own organisations.
However, lawyer respondents placed less emphasis on sharing aspirations, and instead stressed the importance of putting oneself forward to attend case meetings and hearings at every opportunity – something that aspiring female expert witnesses also expressed an appetite for.
What can be done to increase the number of female expert witnesses?
When asked which steps would help to increase the number of female expert witnesses most effectively, gender-diverse shortlists proved the most popular among respondents, as per last year. Another high priority for respondents was for organisations to offer greater internal support for female expert witnesses or those aspiring to the role.
Commenting on the survey findings, Kathryn Britten and Isabel Kunsman, ERE Co-Founders and Partners & Managing Directors at AlixPartners, said:
“The lack of a rise in women testifying does not surprise us at this stage. As the responses we received indicate, female expert witnesses continue to face several challenges, including unconscious bias and the tendency to appoint experts based on prior experience.
“The aim of the ERE initiative is to achieve a lasting cultural transformation, which takes time. However, this year’s survey shows signs that change is slowly starting to happen. Expert witnesses are one of the cornerstones of a robust legal system. To bolster the public’s trust in our courts we must continue our work to achieve a bigger, stronger, and truly diverse pool of experts.”
The goals of the ERE Pledge are to:
- increase, on an equal opportunity basis, the number of women appearing as experts, in order to achieve proportional representation and eventually full parity;
- support hiring, mentoring and promotion of female experts;
- create a coalition of supporters and advocates in the world of dispute resolution;
- encourage women to aspire to be expert witnesses in their chosen professions;
- widen the pool of expert witnesses available and help to enhance the reputation of expert witnesses.
The full survey results are now live on the ERE website:
And finally, a message from the ERE team – please contact us with your ideas and/or questions regarding the survey findings or anything related to the ERE Pledge.
*The views expressed are the author's and not ICAEW's
Survey notes: The Equal Representation for Expert Witnesses (ERE) 2024 Survey was completed online by 363 respondents in North America, Australia, EMEA and Asia, between 16 April and 15 May 2024. It captures the views of lawyers, expert witnesses, expert witness team members and consultants. The survey was developed and delivered with the support of global management consultancy AlixPartners.