Attorneys often turn to expert witnesses to help demonstrate
and provide foundation for the factual bases for their clients’ claims or
defenses. An expert is someone who knows something beyond common experience,
who can help your legal team to prove information you could not. Their
"expertise" in the field - their background and experience - qualifies
them to present nuisances and facts that could be pertinent to your case.
Though it may seem like a valuable advantage at trial, expert witness testimony is not
appropriate in every case. So when is expert witness testimony relevant?
First, when determining if you need an expert witness, ask
yourself if your case would benefit from specific knowledge or facts that only
a hired witness could contribute. This could include the scope of a complicated
banking case or even a big picture question that needs to have detail to
accurately explain the issue to the judge or jury. When dealing with financial
institutions and banking cases in particular, the content of the subject matter
can quickly become quite difficult to understand.
There is general agreement that an expert should be involved
in a case as early as possible: in technical analysis, preparing for
deposition, during discovery, analyzing documents in settlement and mediation
discussions, and summing up complex facts for jurors.
Keep in mind that one expert witness is often better than two
or more. The more opinions, the higher the possibility for inconsistencies in
testimony. The quality of the expert witness testimony is key, not quantity.

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