Draft instructions to a forensic expert and review the draft report

Key facts

Human involvement
RedLawyer-led
How AI is used
Table the disputed facts, the exhibits and the continuity gaps in the brief of evidence with a page cite beside each, drawing only on the brief material the lawyer may lawfully put into a tool — sensitive evidence that cannot be copied or removed from police custody stays out. The lawyer writes the letter of instruction. On the draft report, set the assumptions, methods and conclusions beside the lawyer's letter and flag every assumption with no source in the brief, every question in the letter the report does not answer, and anything the expert code or the rules for expert reports require that is missing.
What the lawyer must review
The lawyer writes the letter of instruction and owns the assumed facts and the question in it, checking each assumption against the client's instructions and the brief and that the question sits within the expert's field. The expert's duty is to the court. Treat the letter as material the Crown and the court will see once the report is served — serving and relying on the report will ordinarily waive privilege over the instructions, and the code requires the report to state them — so check service and disclosure obligations before using the report.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  2. Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
  3. Preserve original files and relevant metadata. Document provenance and handling, and seek forensic review where authenticity needs to be resolved.
  4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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