PI Brief Update

What are solicitor instructions? - Dr Mark Burgin

26/11/23. Before an expert is instructed the solicitor or case hander should check the fit between the expert’s expertise and the case. The instructions would then provide that expert with information that they require to do their job. Instructions have four basic functions which ideally would be addressed in every case:

• Providing background information about the case.
• Identifying the key issues in the case.
• Asking the expert to address specific issues.
• Instructing the expert on what to do.

Many instructions received by experts blur these functions or completely omit them. This means that the expert must either guess what is material and necessary or ask for clarified instructions. It is reasonable for an expert to make one request for clarification.

Types of instructions

From the perspective of an expert instructions are classified as below. The response required depends upon the type of instruction received. Experts may wish to raise issues such as a case handler’s failure to comply with CPR35 with the MRO or offer their telephone number for a chat. 

A ‘recipe’ instruction is not likely to provide any useful information, ‘error checking’ instructions are highly important and each word must be studied and responded to, ‘additional’ instructions should be referred back for confirmation that the solicitors agree to the expert’s terms and the ‘argumentative’ instructions should be treated like a complaint. 

• Recipe or standard instructions: These instructions provide a general framework for the expert's work, often utilizing pre-prepared templates and incorporating background information. They may lack specific details and may require further clarification.
• Error checking and clarification: These instructions focus on identifying and rectifying any inconsistencies or errors in the expert's report. This may involve correcting factual details, addressing typos, or clarifying reasoning or inconsistencies.
• Additional instructions: These instructions arise when the solicitor provides incomplete instructions initially and then supplements them with further details or evidence as the case progresses. Additional instructions may incur additional charges and may sometimes fall outside the expert's area of expertise.
• Challenging or argumentative instructions: These instructions present an opinion and advocate for it in a forceful or argumentative manner. They may be intimidating or repetitive, and they often originate from case handlers rather than solicitors. These instructions may seek to influence the expert's opinion or lead them to misrepresent information.

Case handlers will usually copy and paste instructions from previous letters so can contain inconsistencies. They rarely have training on how to write instructions well and in simple cases the expert should rely upon their experience. Solicitors should arrange regular training for all their case handlers that need to write instructions and supervise them to ensure that they do not breach SRA codes of conduct.

Example one

Providing background information about the case. The claimant saw a house blow up and developed psychological symptoms. 

Identifying the key issues in the case. In law secondary psychological injury is claimable as long as it they had physical proximity to the shock, close ties to primary victims and caused a sudden and severe agitation.

Asking the expert to address specific issues. The nature of the initial shock, the chronological progression, psychological diagnoses and prognosis are all material.

Instructing the expert on what to do. Please assess the claimant and write a PI (condition and prognosis) report addressing the material issues.

Example two

Providing background information about the case. The claimant says that they had leg pain after the accident.

Identifying the key issues in the case. It is material to the quantum to check if the leg pain was due to a mixed injury or whiplash.

Asking the expert to address specific issues. You have said that said that the back pain radiates to the leg.

Instructing the expert on what to do. Please explain what ‘radiating’ means as the CLA 2018 does not mention this type of injury.

Example three

Providing background information about the case. The claimant believes that the prognoses are incorrect and that far from recovering from the LVI the injuries suffered are permanent, disabling and they believe that they will never work again.

Identifying the key issues in the case. There is an inconsistency between your opinions and the claimant’s opinion but your opinions are based solely on a clinical examination.

Asking the expert to address specific issues. It is just and reasonable that the cause of the claimant’s ongoing symptoms and any attribution is determined in this case.

Instructing the expert on what to do. Please within your areas of expertise review the medical records, engineering evidence and occupational records and advise as to whether further evidence from specialists or imaging etc. is required. We understand there will be additional charges for this work.

Doctor Mark Burgin, BM BCh (oxon) MRCGP is on the General Practitioner Specialist Register.

Dr. Burgin can be contacted on This email address is being protected from spambots. You need JavaScript enabled to view it. and 0845 331 3304 website drmarkburgin.co.uk

This is part of a series of articles by Dr. Mark Burgin. The opinions expressed in this article are the author's own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand.

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