Digital Experts: The Power of Effective Communication

It was a great privilege to be the guest speaker on the topic “Digital Experts: The Power of Communication” at the invitation of digital forensics and cybersecurity expert, Dr Matthew Sorell, University of Adelaide and Tallinn University of Technology, in the Mobile Phone Forensic Process and Analysis subject this week. This immersive University of Adelaide course trains Australian and international, postgraduate, electrical and electronic engineering students in technical, analytical and ethical mobile forensics skills, including the preparation of an expert witness report and affidavit.

The key elements of admissible expert evidence are specialised knowledge, the identification and proof of assumptions and a statement of reasoning by the expert. In particular, the “reasoning process” requires effective communication between the expert, the lawyers and the court.  However, each of those criteria can be challenging in the context of technology, security and digital information matters – both criminal and civil - due to the “leading-edge” nature of expertise in those fields, the characteristics of digital evidence and the use of complex, technical language and concepts.

Through practical examples and case studies, my presentation identified how experts and practitioners can enhance the prospects of the admissibility of such expert evidence and also its persuasiveness to both courts and juries by having a better understanding of the criteria for the admissibility of expert evidence, the purposes which they serve and the practical requirements for their proof.

The ability to communicate effectively goes to the heart of expertise.  The expert must not only be learned in the field but must also be able to give effective explanations: he or she must be an effective communicator.  As Lord Justice Jacob remarked in Rockwater v Technip France SA & Ors [2004] EWCA Civ 381 of the role of experts in patent claims:

“Their primary function is to educate the court in the technology – they come as teachers, as makers of the mantle for the court to don.”

Participants in Dr Sorell’s programme included Australian and international postgraduate students. Dr Cate Jerram, Adelaide Business School’s Academic – Management Information Systems attended as an active observer.  Both Drs Sorell and Jerram are award-winning educators and teachers in their fields. The interactions with engaged and engaging postgraduate students were filled with discovery moments about the power of effective communication and the role of professional, robust and independent experts in the administration of justice.