HOW TO FIND THE RIGHT EXPERT WITNESS FOR YOUR REAL ESTATE LITIGATION CASE
In real estate litigation, finding the right expert witness can be the key to a winning case strategy. Expert witness testimony lends credibility to your view of case facts, helps clarify complicated or technical real estate matters, and presents a neutral perspective on the dispute central to your case. All of which can tip the scales in your client’s favor.
But while the value of an expert witness is clear, matching the needs specific to your case with an expert witness ideally suited to support your position is more complicated. Does this sound familiar? If so, here’s a step-by-step guide to help you navigate the selection process.
What Kind of Expert Witness Do You Need?
Real estate litigation can involve a variety of legal matters, including disputes over lease agreements, property valuations, construction defects, and zoning issues, to name a few. As such, your ideal expert witness possesses specialized knowledge that relates directly to the particulars of your case.
An expert witness may also have a range of relevant industry experience. Their knowledge, while spanning a variety of disciplines, can extend to considerable depth in several pertinent areas. This enables the witness to provide insights into seemingly peripheral matters that impact a given case.
What Qualifications and Credentials Should You Look For When Evaluating an Expert Witness?
The value of an expert witness hinges entirely on their qualifications. When seeking a real estate litigation expert witness, you need to consider their professional background, the length of time they’ve worked in the industry, their education, professional licenses or accreditations, and prior experience in depositions and testifying in court.
Your ideal witness has:
• At least a decade of industry experience
• A real estate broker’s license
• Significant formal education, with bachelor’s degree at minimum, but preferably a graduate degree
• Experience testifying in court and familiarity with legal process, cross-examination, and how to present complex information in a clear and compelling manner
How Strong is The Expert Witness’s Past Track Record?
An expert witness’s track record is equal in importance to their qualifications and credentials. Has the witness contributed to winning cases? Have they proven they are capable of standing up under cross-examination? Ask the prospective witness to provide references or testimonials from attorneys they’ve worked with in the past.
Does The Expert Witness Have Effective Communication Skills and Presentation Style?
One of the key benefits an expert witness provides is explaining complicated or technical concepts in clear, simple language that judges, juries, and opposing attorneys can easily understand. To make an impact on this front, your witness should be articulate, confident, and persuasive when presenting their testimony in court. It’s also imperative that your witness maintains their composure under the pressure of cross-examination, calmly answering opposing attorneys’ questions with consistent and well-reasoned replies.
What Are The Expert Witness’s Fees and Availability?
There are no “standard rates” for expert witness services. Each practitioner sets their own fees, which may vary from case to case. Costs can escalate quickly if the expert is deposed, or if the case goes to trial. Cases can often involve the expert reviewing a large number of documents, which can also get quite expensive.
Litigation often takes months and sometimes years, requiring depositions, case consultations, and trial appearances. In turn, in-demand expert witnesses have busy, sometimes precariously balanced schedules. It’s important to confirm that a witness can commit to your case for the duration of the proceedings.
Gain A Competitive Edge – Hire An Expert Witness!
Real estate litigation cases can be complex and confusing, often revolving around the “interpretation” of case facts. Bolstered by a combination of expertise, credibility, objectivity, and excellent communication skills, the right expert witness can bring clarity to a dispute that casts your client on the right side of the disagreement in the eyes of the court. An undeniable competitive edge that underscores the benefit an expert witness brings to your case.
