Draft expert instructions for a loss assessor, engineer or actuary
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Take the questions and the assumed facts the lawyer has settled and set them out in a working table for the lawyer's own use, with the policy clause and the claim-file page beside each one, quoted from the file rather than composed, and list the source material the assessor, engineer or actuary has not yet been given. The lawyer writes the letter of instruction and any schedule that goes out with it. On the draft report, table the expert's assumptions and opinions against the letter as sent, with page cites, and flag anything outside the instructed scope, any question in the letter the report does not answer, and any departure from the expert code that applies.
- What the lawyer must review
- The lawyer writes the letter of instruction and settles every assumed fact in it. Check each question against the coverage issue actually in dispute, confirm each assumed fact has a source in the claim file, and treat the instructions as material that will be read by others: serving the report and relying on it will ordinarily waive privilege over the instructions and over the material the expert referred to or relied on in forming the opinion, so treat the letter as material the other side and the court will see; a report obtained and never served, or served and not relied on, does not by itself waive privilege in the instructions. The expert's duty is to the court, so confirm which expert code applies in the forum, or applies by the terms of the brief where the matter is not yet in court, before relying on the tool's scope and code flags.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting 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. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.