3 mins read

Advantages Of Hiring An Expert Witness For Banking Matters

The testimony of an expert witness from the banking industry is generally considered to be credible as they possess relevant experience and knowledge. The testimony of an expert witness banking is also highly valued in cases involving lender liability and predatory lending. The credibility of expert witnesses also improves when they have undergone ongoing professional development, including seminars and conferences. The following are some advantages of hiring an expert witness in banking matters.

Experience

If you need assistance with a financial dispute, banking expert witnesses can help determine who is responsible for the financial mess. Disputes between financial institutions can involve anything from commercial banking practices to inaccuracies in financial statements. Attorneys representing either party will frequently need the services of a banking expert witness. Therefore, it is essential to retain a banking expert as early as possible in the case. 

When a contract is in question, the parties may interpret the content differently or take actions that are not beneficial to the other party. In these cases, testimony from a banking expert witness can help determine which party wins the case. Regulations and class-action lawsuits are continually challenging modern financial banking practices. Lenders have been accused of predatory lending practices, while borrowers have been accused of overstating their income and assets to obtain mortgages.

Knowledge

Expert witnesses in banking are used in lawsuits involving money and the financial system. Their testimony is valuable in cases involving predatory lending and lender liability. The high volume of transactions and the need for detailed record keeping make this area of expertise complex. Additionally, the area of finance can be a volatile one with unforeseen issues. These issues include economic damages, claims and loss, patent valuations, investor relations, and revenue.

Independence

Independent judgments of expert witnesses in banking cases require the member to be unbiased. However, independence may be compromised by certain circumstances. For instance, a member who also serves as a director of the bank is not considered independent. The member’s independence is also compromised if he accepts an unusual consideration from the client. For example, if he accepts a gift from a bank, his firm will know about it. However, his independence would not be compromised if he joined a trade association or served as an equivalent to management.

Ability to testify on economic damages

The ability of an expert witness to testify on economic damages in a banking case has many advantages. While it can be difficult to obtain such testimony in some cases, the rule allows experts to provide evidence-based on principles, scientific concepts, and other non-opinion forms. This rule does not, however, prohibit the use of opinions. Although it requires that the trial court ensure the integrity of the expert, it has the potential to provide helpful insight. The Daubert Rule addresses the admissibility of expert testimony in many situations, including cases involving economic damages. In such cases, trial courts evaluate whether the testimony is reliable in light of the scientific principles that guide economic damages. A bank, for example, can rely on economic damages expert testimony to determine whether a loan was worth more than it was worth. Moreover, the rule also covers cases involving a bank’s failure to repay loans.