If you are in a situation where trust litigation seems imminent, preparing a sound argument to safeguard your inheritance is imperative. One significant component of proving your argument and holding a trustee or another party accountable comes down to hiring an expert witness to leverage their expertise and testify on your behalf. For this reason, many people come to us with questions surrounding the specific role of an expert witness in California trust litigation and how these professionals can help them. We are more than happy to clarify what these individuals do.
At Gokal Law Group, we have helped countless beneficiaries receive favorable outcomes in court, leveraging a range of legal strategies and resources, including access to our robust network of expert witnesses when necessary. We have successfully recovered millions in settlements and trial verdicts for clients. Here’s what to know about an expert witness’s role in litigation.
What is the Role of an Expert Witness in California Trust Litigation?
In trust litigation, expert witnesses play an integral role during legal proceedings. An expert witness is a professional who provides expert testimony during proceedings and, if necessary, during trial. Expert witnesses are typically selected and hired by your trust litigation lawyer.
Essentially, the role of an expert witness in California trust litigation is to provide specialized knowledge, analysis, and opinions on a particular subject or field of expertise. They can serve several purposes during litigation, such as:
- Educating the court on complex concepts
- Preparing written reports that detail their findings
- Offering professional opinions and conclusions
- Breaking down technical details for a jury
- Reviewing and analyzing evidence, documents, or data
Using an expert can be instrumental in achieving a fair outcome because they provide objectivity, clarity, expertise, and professional analysis of complicated and often emotionally charged issues. An expert witness should possess several qualifications, including:
- Expertise in a relevant field acquired through training, education, or professional experience
- A positive reputation enhanced through research, media, or other forms of recognition
- Familiarity with the legal process and trust law
- Advanced degrees or certifications in their field
- The ability to provide an objective opinion
- Strong communication skills and the ability to easily break down complicated concepts
- A strong sense of integrity to abide by ethical standards
- Having no conflicts of interest
Related Article: How Do You Prove a Breach of Fiduciary Duty?
Illustrating the Role of an Expert Witness in California Trust Litigation
The role of an expert witness in California trust litigation is, essentially, to provide credibility to the legal, financial, or interpersonal issues that the case revolves around. Here are some examples of how an expert witness could help you during litigation:
- Investment compliance and prudence: Hiring an investment professional to evaluate investments with trust assets and testify that a trustee did not act in compliance with regulations surrounding investments or failed to invest assets prudently on behalf of the trust.
- Forensic accounting: Hiring a professional forensic accountant to trace assets and examine all financial records, tax returns, and accounts related to the trust to detect any signs of financial mismanagement or trust embezzlement and calculate the economic damages incurred due to the breach of fiduciary duty.
- Valuation and appraisal of assets: Hiring a real estate professional to appraise a property that a trustee allegedly sold under market value, for example, to testify that its selling price was below market value at that time, signaling a breach of fiduciary duty.
- Testamentary capacity: Hiring a psychological or health professional who can assess whether the trustor was in the right mind or prove that they created the trust under undue influence.
- Trust fraud: Hiring a handwriting expert to invalidate a trust due to a fraudulent signature or determine that a signature should be authenticated.
Ultimately, finding the right expert witness to support your case and help you defend your inheritance requires considerable legal knowledge, experience, resources, and a network to pull from. When you partner with a premier law firm, they will possess the required qualities and find expert witnesses who will give you an advantage in the courtroom.
“Expert witness testimony is often a crucial piece of evidence. Paired with creative and battle-tested legal strategies, expert witness testimony can make or break your case. A seasoned trust litigation attorney will have the legal knowledge, connections, and resources to hire the perfect expert witnesses for your specific case.”
– Mónica Reyes-Santiago, Associate, Gokal Law Group
Related Article: A Trust Lawyer’s Guide: How to Win a Trust Contest
Do You Need Premier Representation? Gokal Law Group Can Help.
When preparing for litigation and going through the legal process, having expert witnesses on your team is essential to your success. These individuals provide credibility and expert insights and analysis that can prove to be the foundation of your argument. You deserve to work with a law firm with an extensive network of expert witnesses to leverage for you in court, which is what we offer at Gokal Law Group! Visit our Contact Page to schedule a consultation.
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