The Trials of an Expert Witness
Trials come in various forums: a bench trial, which is in front of a judge; a jury trial; or an arbitration with either a single arbitrator or a panel of three arbitrators. In some arbitrations a panel is selected by each side picking an arbitrator – a party arbitrator – and a neutral panel member. Regardless of the forum, the decision maker, whether it’s the judge, the jury, the arbitrator, or the panel, is the fact finder, referred to as the finder of fact. The fact finder(s) determine(s) the facts, which, in commercial litigation matters, is ultimately, was there any wrongdoing, and if so, the amount of damages to be awarded.
Whether or not Rosenfarb LLC’s reports or testimony are being prepared to influence or persuade a judge, jury, a single arbitrator or a panel of arbitrators, as experts, we advocate our positions very strongly. We are compelling and persuasive. We support our opinions with the facts, data and sound evidence. The forum makes no difference to us. Our experts have testified at trials – bench trials and juries; and have testified at arbitrations – single arbitrator and panels.
So who determines whether we are in front of a judge, in front of a panel, or in front of a jury?
Courts are free. There is no charge for a judge or a jury. Anytime during the litigation process, the parties to a dispute can agree to arbitrate. Once made, the decision to arbitrate is binding unless all of the parties agree to go back to court.
Arbitration
If someone alleges that a written agreement has been breached, and that agreement has an arbitration clause, that dispute is required to be arbitrated. For instance, if you have a brokerage account with Merrill Lynch or Bank of America or Morgan Stanley, or Schwab, those brokerage accounts require that any dispute you have with your broker or the financial institution, must be arbitrated. There are lots of business agreements which require arbitration. Arbitration is considered a faster and less expensive alternative to litigation. Since the courts are free and arbitrators are paid, arbitration is not always the less expensive way to resolve a dispute.
Bench Trial or Jury
As to whether there’s a jury, again the agreement may provide for either one. If it doesn’t, then the participants can request one or the other. In the complaint, the plaintiff can say, “I want this resolved by a jury.” The other side can object and then it’s up to the judge whether there is a jury or not. Some cases are only resolved with a bench trial; and some only with a jury.
In a criminal trial you are entitled to a jury of your peers, but in a business or commercial dispute, the parties are not entitled to a jury as a matter of law.
Typically juries are comprised of six people who, together, are a lot smarter than any of the individual jurors. Despite what some may think about a jury’s lack of sophistication, or other preconceived notions, juries understand the issues and the facts. Having testified about intricate accounting and financial damage issues before juries, the juries, usually, have gotten it right. They are able to distinguish reality from fiction, discern the important from the unimportant, and recognize credibility from lack of credibility. They’re very smart together.
Whether in front of a judge, jury, or arbitrator(s), as expert witnesses, Rosenfarb LLC are strong advocates of our opinions, with facts, data and sound evidence to support those opinions.
At Rosenfarb LLC we are a firm of forensic accounting and valuation experts. We understand business, have keen insights and always connect the dots. We understand the litigation process. We frame the issues simply and in alignment with the litigation strategy. We use logic to support our opinions, while creating compelling stories. We are sincere, professional and credible. We are accounting experts with legal acumen.
Rosenfarb LLC
Phone: (855) 415-1100
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www.rosenfarb.com