Call Your Expert . . . As Soon As Possible

• Published date: 22 September 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: McLane Middleton, Professional Association
• Author: Mr Jacqueline A. Leary (Botchman)

Originally published by New Hampshire Trial Lawyers Quarterly

Co-written by: Richard J. Maloney, Maloney & Kennedy, PLLC

How do you add value for your clients? First, you need to know your limitations. Second, you need to seek guidance from others when needed. Experts play a vital role in the litigation process. Involving an expert early on in your case can save time and money as well as bring peace of mind to you and your client. An expert also plays a key role in effective presentation of your case in court.

With COVID-19 delaying the date of final hearings and trials, a case that may resolve in under a year is now taking two or more years, which makes temporary hearings even more significant. In a family law case, the temporary hearing dictates how the remainder of the litigation may unfold. At the temporary hearing, the Judge may decide who the primary parent is, which spouse pays alimony and/or child support, which spouse operates the family business, and which spouse resides in the marital home. If you retain expert services early, you can use their advice to assist with earlier hearings, prepare for mediation, and prevent avoidable disasters.

In the context of a family law case, you should consider retaining one of the following experts depending on the specific circumstances of your matter: guardian ad litem, co-parent coordinator, educator, counselor, tax consultant, business and/or real estate appraiser, business valuation expert, computer or digital forensic experts, forensic accounting experts, or vocational experts.

When lawyers have an in-depth knowledge of a client's business or family background, he or she can be more proactive in advising those clients of upcoming risks because lawyers then know what to look for.

Here are some key steps to develop and foster the attorney-expert relationship:

1. Comprehensively research your expert witnesses. What is their educational background? What articles have they written? Which cases have they participated in before?

2. Interview them before engaging their services. Do they have experience testifying in trials? Do they have appropriate credentials for the job? Do they have the requisite knowledge, skills, and abilities? Can they articulate clearly so a lay person can understand?

3. Clear, concise, and consistent communication with experts is vital. You should not go more than a week without checking in with your expert. Even a quick e-mail status update suffices.

4. Educate yourself about the...