👋 Intro
Scope creep is one of those things everyone talks about in projects, but it’s just as dangerous in expert work.
The moment you start doing more than you were asked, you risk confusing the issues and damaging how the tribunal sees you.
The Briefing: Scope Creep
What it is
Scope creep happens when your expert remit quietly expands.
It might be because lawyers ask for “just one more point,” or because you spot gaps and think you are helping by filling them.
Either way, you end up giving opinions outside your original instructions.
Why it matters
Scope creep creates three problems:
It muddies your independence. Tribunals can see you as stepping into advocacy.
It wastes time and money, because work outside scope often gets struck out or ignored.
It hits credibility. Once a judge sees you straying, every part of your evidence is looked at more closely.
A real-world example
Imagine you are appointed as a quantum expert to assess prolongation costs only.
In the course of your work, you decide to also comment on disruption, because you notice the contractor’s records are weak.
You think you are being thorough. But to the tribunal, you have just crossed the line.
Disruption was never part of your remit, and now your independence looks compromised.
At best, your disruption analysis gets ignored. At worst, it undermines the value of your entire evidence.
How to avoid it
Nail down your scope in writing at the start. Be specific about what you are covering and what you are not.
Restate that scope clearly in your report so everyone sees the boundaries.
Push back when asked to go beyond. Offer to flag the issue for lawyers to consider, but don’t assume the extra task is automatically part of your job.
How to manage it if it happens
Sometimes scope creep is unavoidable. If it does happen:
Be transparent. Say in your report that you were asked to comment on additional points and when that happened.
Separate the original remit from the add-on, so the tribunal can see the difference.
Keep a record of all instructions and clarifications. That paper trail protects you later.
👉 Takeaway for experts: Scope creep is credibility creep. Guard your remit like your reputation depends on it because it does.
🛠 Tech Tool
Try Clio Manage (or even a simple shared Google Sheet) to log instructions.
Every time you receive a new direction, add it.
When you deliver your report, you can cross-check against that list to make sure you have not gone further than asked.
🛠 Career Corner (Mini)
Make “scope discipline” part of your expert routine.
Before finalising any report, ask yourself:
“Does every opinion here fall squarely within what I was instructed to cover?” If not, cut or reframe it.
👋 Closing
That’s it for this week.
Next time: PI insurance decoded. We’ll strip away the jargon and look at what experts really need to know about cover, exclusions, and avoiding nasty surprises.
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