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Independence and Preparation are the Keys to Success

Selecting the right Expert Witness and litigation consultant can be highly instrumental in the outcome of a case and I have summarized a few key points that should be addressed before any expert is retained. Improve the probability of a positive outcome by adding the right expert to your team.

In the perfect world, a testifying Expert Witness and litigation consultant's number one goal should not be focused on winning the case for their retaining clients, but rather to perform a thorough, objective investigation that will reach conclusions that will be consistent with the information that is discovered. Every expert should be an advocate for his or her own independent opinions and conclusions and should not express opinions regarding the guilt or innocence of individual or entity; that is the sole responsibility of the judge, jury or arbitration panel. With that said, any ethical expert should formulate their opinions independently and their testimony should never be scripted.

An Expert Witness should have an advanced understanding of their respective subject matter and have the ability to absorb and explain complex material in terms that judges, jurors and counsel can easily understand. The Expert should also have the skill and tenacity to defend their independent opinions under intense cross examination by opposing counsel.

The four most important factors in successful litigation support, fraud investigation, and probably a host of other professions, in order of importance are: preparation, preparation, preparation and more preparation. The preparation factor should be the mission statement that every expert who provides investigations, writing reports and providing testimony should adopt to make this job # 1.

By Bob Lawson, AIF®, CFE®, RFC®, LUTCF®
FINRA & Securities Expert Witness - FINRA Mediator & Arbitrator - Mediation Consultant
Bob Lawson, CFE, RFC, LUTCF is the President of Barrington Capital Management in Minneapolis, Minnesota. He is a Certified Fraud Examiner, Securities & Insurance Expert Witness, FINRA Arbitrator, Qualified Neutral (Mediation & Arbitration) under Minnesota Rule 114.

Copyright Bob Lawson, AIF®, CFE®, RFC®, LUTCF®

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.

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