Wednesday, June 21, 2017

Experience Makes for Ideal Expert Witness



If you have ever watched a courtroom drama in your life, you have heard the term expert witness. They are the professional that comes in and offers the technical testimony needed to better explain and clarify the details of a case. 

Expert witnesses are considered experts for more than one reason. They are always recognized experts in their field of practice, be that banking, psychology or forensics, etc. They will have a lot of experience in their field and will be noted and credentialed in the specific area that your case is addressing. 

An expert witness will also have testified in similar cases before, which combined with their knowledge of the topic, will enable them to present the facts of the case in a clear and concise manner that will help the jury and court understand what is going on. They know how to get around or explain complex jargon and get their point across. This is especially important in cases involving complex banking rules and regulations. In these instances, you’ll want a financial expert witness with experience in both the industry and in the courtroom.

Expert witness testimony is truly invaluable to a trial in ways that other methods simply can’t match. Contact Michael F. Richards when looking for a banking or financial expert witness. He boasts more than 34 years of banking experience, plus has been retained on over 100 banking cases for both plaintiffs and defendants.

Thursday, June 1, 2017

Retain Your Expert Witness Early



When you have a banking case coming up, you should know that it’s very important to have an expert witness. The best rule of thumb to remember is to retain them early, and retain them often. 

During early involvement your expert witness can take the time to review the numerous regulations, polices, and procedures involved with your case. The experts you retain early can also assist you in analyzing your case and devising a focused, specific discovery plan. 

While reviewing pertinent documents early on, they may discover that not all of the necessary documents have been put together for the case. By having extra time, your team has the ability to dig up the documents and properly prepare everything for the case. Experts can also assist you in preparing for mediation and reaching an early resolution. Your expert will also be more prepared for deposition and trial when he or she has had more time than just have a few days to prepare.

Know that if you're hesitant to get an expert witness involved too soon because you're hopeful the case will settle out of court, do not!

Don't face a banking lawsuit unprepared without professional expert witness services. Whether you have just found out about your next case or are looking for a dedicated expert witness who will get the job done, Michael F. Richards is ready to help you. You can contact him at (406) 581-8797 or by email at mike@mrchardsconsulting.com today to find out more information about his experience and services.

Wednesday, April 26, 2017

Verifying the Background of Your Expert Witness



Expert witnesses hold a lot of value in a legal case, especially those involving finance and banking. Finding the right witness who can help articulate crucial points to resolve the case favorably for your defendant is a high task.

Finding the perfect expert witness, as well as verifying their background, are critical steps before bring them on board to your team. Searching for a financial expert witness for your banking and financial case means that you need to ask lots of questions before you decide if they are right for the job.  

First, finding a credible expert witness
-You can research about similar cases that were tried in similar level courts as the court handling your current case. Sort through the records to find expert witnesses that have been called before.
-Follow trade publications aimed at the industry that you're trying to search an expert witness in. These publications contain advertisements for consultation or expert services.
-Ask your local association of trial lawyers if there's a list of expert witnesses.

Verifying the expert witness' credentials
-Get feedback from other attorneys that have worked with the financial expert witness you are considering.
-Do some research and contact at least one attorney who has worked with the witness you are considering that does not appear on their list of references. 

Contact Michael F. Richards for a full list of credentials. You can feel confident that he will provide you with the information you need about his past experiences and expert witness services. Contact Mr. Richards today at (406) 282-6079 or email him at mike@mrichardsconsulting.com for a consultation. He is ready to hear about your case and offer his knowledge to help you succeed.

Wednesday, April 5, 2017

Tips for Dealing with Debt Collectors



Sometimes the worst happens: The loss of your job, a sudden illness, or a death in your immediate family, any of which might require unpaid leave from your job. Suddenly you can't pay your bills and you fall significantly behind. Soon collection calls start ringing you day and night and letters demanding payment arrive at your door. Dealing with the circumstances that led to your falling behind on your bills, compounded with the collections calls, makes for a very stressful time. Additionally, it can feel demoralizing to have creditors hounding you when you have otherwise always paid your bills on time. 

First, it's important to know that when dealing with debt collectors, you have right thanks to the Fair Debt Collection Practices Act. Aren't familiar with its bylaws? A lawyer and the assistance of expert witness testimony may be required on your behalf, should the situation escalate that far. 

Unfortunately, many debt collectors take unfair and illegal advantage of debtors because many debtors lack basic knowledge about their rights. Here are a few facts your debt collector doesn't want you to know: 

-Get the information in writing. Within five days of contacting you, a collector must send you a written notice telling you the amount of money you owe, the name of the creditor and what action to take if you believe you don't owe the money.
-If you don't believe you owe the money, dispute the debt in writing.
-Keep records of phone calls and messages. Keep a file with notes from phone conversations and copies of all written correspondence to and from the collector.
-When it comes to collection calls, the debt collection act says there is much that collectors cannot say or do, including:
    Using abusive or obscene language.
    Harassing you with repeated calls
    Calling before 8 a.m. or after 9 p.m.
    Talking to anyone but you or your attorney about the debt
    Threatening to sue unless they actually plan to take legal action
    Threatening to garnish wages or seize property unless they actually intend to do it

If you're getting calls and letters from debt collectors and want to resolve the debt, you need a plan. Contact an attorney who can utilize banking expert witness services to resolve the issue immediately.

Wednesday, March 15, 2017

Consulting vs. Testifying – What’s the Difference?



A lawyer may choose to hire an expert witness for a variety of reasons. Experts increase the credibility in cases, help prepare attorneys for a case with their expertise, and have the ability to explain complicated terminology and theories in layman’s terms to a judge and jury. 

When it comes to experts there are two different types: expert consultants and testifying experts. In higher profile cases, lawyers have use for both types of experts, while in smaller cases lawyers tend to use one expert as both. While these two roles are similar in many ways and call for similar qualifications, there are some important differences between them. 

Consultants do not have to be designated. A lawyer can retain the consultant for their advice and guidance. These experts cannot be deposed by the opposing attorney and cannot be retained by them either. It is not unheard of for an attorney to retain a number of well-known experts in a particular field as consultants.

Testifying Experts are permitted to testify in court. These witnesses must be designated to opposing counsel before the trial begins. Testifying expert witnesses can assist a lawyer in understanding their area of expertise and use it in the courtroom. They contribute expert evidence based on their knowledge, past experiences and field of expertise. Expert witnesses who testify help the judge, jurors and opposing counsel understand case evidence in laymen’s terms. Their expert analysis carries legal weight. The expert witness can provide any clarification concerning factual evidence requiring expertise in its explanation and presentation.

While there are pros and cons to each approach, it is important to understand not only the obvious differences between a consultant and an expert witness, but also the strategic advantages of each approach.

If you want expert witness services from someone who can provide both consulting and testifying for banking or financial litigation cases, Michael F. Richards has over 34 years of experience. Visit MRichardsConsulting.com today to inquire about Michael F. Richards’ services.