Expert Witness FAQs
Expert witness services —your questions answered.
Scope of Expert Work
What types of matters can an American Elm expert address?
Potential matters may involve broker-dealer or investment-adviser supervision, sales practices, suitability, fiduciary practices, alternative investments, annuities, customer complaints, communications, senior-investor issues, disclosure matters and related operational or supervisory questions. Each potential engagement is evaluated individually based on the facts, proposed role, timing, available materials and conflicts.
Can an expert witness provide legal opinions?
No. American Elm is not a law firm, and its experts do not provide legal advice or legal opinions. Counsel is responsible for legal strategy, interpreting and applying the law, and advocacy. The expert's role is to provide independent analysis and opinions within the agreed assignment, based on the record and relevant industry practice or experience.
Can an expert serve as the client's compliance officer or regulator in a dispute?
No. An expert witness has an independent role and is not acting as the client's compliance officer, supervisor, fiduciary, regulator or legal counsel in the matter. The engagement should define the expert's assignment and avoid placing responsibility for the client's ongoing compliance, management decisions or legal position on the expert.
Will American Elm accept every potential expert engagement?
No. Before accepting a matter, American Elm considers conflicts, the proposed scope, timing, subject matter, availability, the need for independence and whether the assignment is an appropriate fit. A preliminary discussion and conflict check help determine whether an engagement can proceed.
Engagement Through Counsel
What happens during the initial conflict check?
Counsel should provide enough information to identify the parties, related entities, general subject matter and timing. This allows American Elm to evaluate potential conflicts before receiving substantive confidential materials. A conflict check is not an acceptance of the engagement and does not create an expert-client, attorney-client or other advisory relationship.
What information should counsel provide in an initial discussion?
Provide a high-level description of the allegations or issues, the forum, key deadlines, the proposed expert questions, the type of records available and the anticipated deliverables. Do not send privileged, confidential, client or discovery materials through the website form. If the matter moves forward, counsel and the expert can establish an appropriate method for exchanging materials.
What should an expert engagement letter cover?
The engagement letter should define the client and instructing counsel, scope of work, assumptions, deliverables, fees, expenses, timing, material-handling process, confidentiality expectations, testimony requirements and any limits on the assignment. It should also make clear that the expert is independent and is not providing legal advice or assuming management, compliance-officer or fiduciary responsibilities.
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Analysis and Testimony
What work can an expert perform before a report or testimony?
Depending on the scope, an expert may review relevant records, develop an understanding of the business and supervisory context, identify information gaps, analyze the issues presented and provide independent opinions. The role may include consulting support, formal expert analysis, a written report, deposition preparation and testimony. The specific work must be defined in the engagement and coordinated with counsel.
Can American Elm assist with deposition and hearing testimony?
Yes, where included in the engagement. Support may include preparation for deposition, testimony at an arbitration or hearing and responses within the expert's assigned area. Counsel remains responsible for advocacy, witness preparation strategy and legal issues. The scope should address timing, expected forum, document deadlines and compensation for testimony-related work.
How are expert opinions developed?
Opinions are developed independently from the records, agreed assignment, stated assumptions and the expert's relevant industry knowledge and experience. The analysis should identify its sources and limits and be able to withstand examination. An expert cannot guarantee that an opinion will be accepted by a court, panel, regulator or other decision-maker.
Getting Started
How much does expert witness work cost?
Fees depend on the scope, subject matter, volume of records, timing, report requirements, deposition or hearing needs and complexity of the assignment. A proposed engagement should explain billing rates or other fee arrangements, retainer requirements, expenses, deliverables and the treatment of work outside the initial scope. Counsel can request a proposed scope after the conflict check and preliminary discussion.
How do we inquire about expert witness services?
Contact American Elm to request a confidential conflict check and preliminary discussion. Include only a high-level summary through the website form, along with the forum, anticipated timeline and the type of expertise being considered. Do not submit privileged, confidential, client or discovery materials through the form. We will discuss whether the matter appears to be a fit and the next steps for a formal engagement.
Get Started
Inquire about expert witness services.
Contact us to discuss your matter confidentially and determine whether an independent expert engagement may be appropriate.
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