Expert Witness

Expert Witness and Consultant Services

Experts and consultants often play critically important roles in litigation. The more important or complex the matter, the more likely it is that one or more experts will be involved for each side.

The professionals at The Receiver Group are well versed in almost every aspect of distressed real estate and real property disputes as well as Receivership in these areas.  Let our team work with you to provide the support and critical information that will help you win your case. 

Who is an expert?

Experts are persons with special knowledge, skill, experience, training and/or education that goes beyond the experience of ordinary members of the public.

The role experts play will vary from case to case. Sometimes an expert will serve solely as a consultant to the lawyer, and remain in the background, without his or her name ever being known to the other side. At other times an expert will be used in the pre-trial stages, perhaps to give an affidavit supporting an element of the case. In other cases the expert may serve solely as an expert witness at trial. Sometimes an expert will play a combination of these roles.

We provide support services for purposes of:

  1. Educating Counsel. Experts help explain the situation and the then available alternatives to counsel, assisting them with how to bring their case, or support it further.  They can identify key documents which must be obtained, identify other research resources and pinpoint sensitive areas to substantiate evidence.
  2. Case Evaluation.  Experts are often used by lawyers to evaluate a case and help determine whether a claim has merit.  Often times, experts will be used to evaluate the nature and extent of damages sustained, the likely loss of earnings capacity etc. a claimant has sustained, for use in settlement negotiations.
  3. Testing. Experts are frequently used to analyze or test items of potential evidence.
  4. Assist in Case Development.  An expert may be used to help the lawyer build a case, or defend a case. For example, an expert may gather evidence to show that as an alternative to bankruptcy, a court appointed Receiver may be able to turnaround a company and not entrench management.
  5. Obtain Other Expert WitnessesExperts are sometimes used to locate and recruit other experts who will testify at the trial. For example the expert who can best educate counsel may not be an attractive or available witness – s/he may stutter, or not have a degree from a prestigious school, or always work for plaintiffs and thus be “suspect” to the jury, or  be unwilling to testify or be unavailable at the likely date of trial. In addition, sometimes the first expert can on a peer-to-peer basis motivate the second expert to participate, which the lawyer alone could not have done. 
  6. Provide Written StatementsThe expert may be called upon to prepare a report of her/his findings to be used in settlement negotiations or, in sworn affidavit form, to be used in connection with motions or other court proceedings prior to any trial. 
  7. Testify at a Deposition and/or Trial.Ultimately, if a case is not settled, there is a trial. We offer expert testimony to help persuade the judge, the jury or arbitrators.