When experts are less than objective or use different methodologies from each other, their results can be miles apart – which tends to polarize the litigants and does not pave the way towards an equitable resolution to the case.
By Lynne Strober, Family Lawyer
Many cases in our Matrimonial and Family Law practice involve the use of joint or neutral experts; our attorneys often work closely with forensic accountants, appraisers, psychologists, mental health professionals, and other experts should the need arise.
In my jurisdiction, some experts have earned a reputation for being hired guns who are willing to skew the analysis to the retaining party. Some attorneys use biased experts and others work exclusively with experts who are able to be objective. We hire the latter because they are capable, thorough, and will produce reliable information that will actually be useful in facilitating a resolution of the case.
Most attorneys know which experts are reasonable and reliable and which ones are so biased as not to be helpful. Courts also learn the difference between unbiased and biased experts.
Expert Opinions: Hired Guns vs. Objective Experts
When experts are less than objective or use different methodologies from each other, their results can be miles apart – which tends to polarize the litigants and does not pave the way towards an equitable resolution to the case.
Using a joint expert to value an entity or entities is not always appropriate, however. For example, in a case where there is a cash business without complete records, or a lifestyle that is not substantiated by the earnings, it can be necessary for each party to have their own expert.
When the two experts are not in agreement, there are various ways to try to resolve the case. The two experts can select a third to address the differences, or you can utilize mediation to reach agreement, or you can narrow the issues of controversy with regard to the reports to limit the unresolved issues.
If the divorcing spouses lack the funds to each hire their own expert, they can agree to use of a joint expert who is competent and objective.
Experienced, ethical attorneys will use a cost-effective and reasonable approach based upon the complexities of the case and the capacity of the parties to fund the litigation. It is best to set the case on a path to achieve a fair resolution for the client as soon as possible and to steer the case to a conclusion.
Lynne Strober is a Fellow of the American Academy of Matrimonial Lawyers. She has served in numerous leadership positions, including Chair of the New Jersey State Bar Association Family Law Section where she oversaw the certification of matrimonial attorneys in the state. She is Co-Chair of Mandelbaum Salsburg’s Matrimonial and Family Law practice group. www.lawfirm.ms
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