Is choosing an expert witness a gamble? It doesn't have to be. If you're currently in the throes of a dispute with your IT supplier, you and your lawyer/solicitor may want to involve an independent IT witness in the form of an EXPERT. The expert always owes a duty of reasonable care and skill to the person instructing them.

Often, the symptoms described by a company in the middle of a dispute do not accurately reflect the true underlying causes of the problem. Emotion can sometimes get in the way, as can hard words in a heated moment. Facts can be obscured by the spectre of personal and corporate failure. These and other factors get in the way of a clear analysis. What is needed in such circumstances is a levelheaded, independent and clear-sighted viewpoint. However, it is difficult to focus on the precise expertise that is required to look at the evidence when a period of sustained argument and counter argument obscures the facts. Such clouded judgement often makes the hiring of an expert more problematical.

The earlier an expert is brought in the more chance there is of getting to grips with the issues and making sure the evidence is properly analysed and presented. Having the right IT expert involved early is key to getting to grips with an IT dispute. But finding the right IT expert, to identify properly the issues in a case, can be a gamble. Now there's a way to avoid that risk.

Specialist consultancies such as Best Practice Group stop this selection from becoming a lottery, which it can be to the unwary.

Registers of Independent Experts are available but choosing from these is seldom more scientific or comforting than selecting a plumber, in a moment of high drama, from Yellow Pages. Many registers do not require their "experts" to demonstrate any objective evidence of relevant expertise.

A specialist consultancy will make a preliminary technical assessment to establish the underlying causes of a problem and preserve the evidence. An expert with appropriate skills, including sector awareness and empathy, can then be selected from a broad panel of experts.

Best Practice Group's panel consists of 37 carefully vetted experts, who are skilled in many aspects of IT and quantum (financial loss as a direct result of a system failure). They have undergone rigorous training and a selection process to test their knowledge and understanding of technical issues. Importantly, they have also been vetted for their ability to win the confidence of clients and their negotiation skills and ability to present their findings in court.

Experience shows that in IT Dispute work the earlier an expert can be instructed, the more certain will be your ground, whether entering into litigation or, preferably, mediation.

The technical issues alone are not the whole story. How, when and what evidence is presented are important strategic decisions with which a good expert can assist.