When it comes to fiduciary duty, there are some main aspects to keep in mind. The relationship often involves a duty of care, loyalty, honesty, and trust. An expert witness should adhere to these obligations to the latter. Contrary to that, it may lead to a breach of fiduciary duty in which case the client has all the right to bring up a suit.
Sometimes, when there is a conflict of interest, the client’s interest should always be a priority. There are essential things to look for before choosing a fiduciary duty expert witness which include;
Consistency throughout the case
An expert witness should see a case through to the end and not quit midway. Before choosing anyone make sure he/she is competent in what they do. Many people try as much as possible to avoid testimonials and depositions. Before anything else, make sure whoever you select is able and willing to meet the obligations of a witness. The person should be able to take a stand if it comes down to that.
Choose one with a well-established team
Sometimes most of these cases go on for a long time, and the worst thing is losing your expert witness. When that happens, you go back to square one, and you don’t what exactly to do. If there is a strong team behind the expert, then you are guaranteed of support even if you lose your foremost expert as the case goes one.
Keep your options wide open
Somewhere along the way you’ll work with a particular expert and have a great experience with them. However, it is necessary to consider going in a different direction and try other options. This way, you may end up finding a better expert than the previous one. Also, each case is different from the other, and it’s good to get someone who bests fits the matter at hand.
Level of experience
High experience brings an added advantage to the table. Before choosing a fiduciary duty expert witness, ensure they have done a wide variety of cases. Practicing in several disciplines for a long time enables one to have a better understanding of complex issues. Cases present many challenges along the way, and the faster one adjusts, the quicker a solution is found.
Make sure you are comfortable with the expert witness
Most of these processes are quite stressful, and the last thing you need is to work with someone that you can’t get on the same page when solving any case. Use of a fiduciary duty expert witness that you can easily communicate with and maintain high levels of trust. This makes the process run without many inconveniences.
The most important thing with expert witnesses is for them to provide results. A simple mistake and cost you an entire case and before you know it a ruling is made. Make sure you choose someone reliable who can handle all situations as they come. Some experts get scared away and leave you frustrated. Make sure you use someone competent and who will not walk away when things get heated up.Read Full Article