Your browser is currently set to block JavaScript.

For full functionality of this site it is necessary to enable JavaScript. Here are the instructions how to enable JavaScript in your web browser.

After enabling javascript, please refresh the page to go back to site with full functionality

Would you turn off/on JavaScript?

It's a widely used language that makes the web what it is today, allowing for websites to be more responsive, dynamic, and interactive. Disabling JavaScript takes websites back to a time when they were simple documents without any other features.

What are the advantages of using JavaScript?

Speed. Since JavaScript is an 'interpreted' language, it reduces the time required by other programming languages like Java for compilation. JavaScript is also a client-side script, speeding up the execution of the program as it saves the time required to connect to the server.

banner ad
Experts Logo


Lois Kadosh reals estate consultant photo

Working Effectively With Experts

By: Lois Kadosh, MA
Tel: 510-525-2694
Email Ms. Kadosh

View Profile on

As a real estate broker broker who has been deposed more than 100 times in the course of working with attorneys for 35 + years as an expert witness/consultant, I do have some thoughts on the subject.

Let’s begin with the obvious! Usually, an attorney hires an expert because the opposing side plans to designate one. It’s actually a good idea to consult with someone prior to accepting a case. Spending one hour with an expert to determine if there is a valid case may save time and money in the long run.

So, how may an attorney work most effectively with an expert? When designating the expert, one should not overreach regarding the scope of the expert’s testimony. It is smart to review the designation with the expert prior to submission.

All documents requested by the expert should be provided in a timely manner. An ethical expert will not accept summaries. On the contrary, the expert will insist on reading all depositions, exhibits and documents he/she feels are relevant to the case.

With respect to the expert’s Fee Agreement, attorneys should not expect the agreement to be with their clients. Additionally, the expert should be paid in a timely manner as per the Agreement.

There should be no surprises on behalf of the attorney before as well as during the expert’s testimony. The expert should be provided with the good, the bad and the ugly with respect to the case at hand.

Ideally, the expert should be hired early on to help the attorney determine the most effective approach. Here are some of the key questions to ask the expert:

  1. After acquainting yourself with the case, what obstacles, if any, do you foresee?
  2. What do you suggest should be included in discovery?
  3. Should anyone else be included in the lawsuit?
  4. What are the strengths and weaknesses of my case?
  5. What approach do you recommend?

A well-done deposition serves as a blueprint for testimony at trial. Obviously, the expert’s opinions should not differ at trial unless new facts come to light. Experts are prepared to testify with respect to the Standard of Care of individuals and their related professions and/or industries.

The expert may provide valuable information regarding the opposing expert. For example, is everything on the opposing expert’s resume true? Additionally, by carefully scrutinizing that individual’s deposition and exhibits, the attorney and the expert may determine if it is a valid interpretation of the facts within the parameters of the case.

Lastly, here is a glimpse of best practices for experts:

  1. Be prudent in writing summaries and/or notes.
  2. Carefully organize all correspondence, depositions, exhibits and expert generated documents. Provide them to all attorneys three days before the scheduled deposition.
  3. Prepare a detailed timeline.
  4. Be over-prepared.
  5. Be truthful.
  6. Testimony should be consistent.

In conclusion, some attorneys will hire “advocates” instead of experts to bolster their cases. Competent and ethical experts will see through this ruse and not work for such attorneys. Additionally, the opposing side will argue, usually successfully, that advocates disguised as experts have no place in any litigation.

Lois Kadosh is a real estate educator, broker and expert witness in California. In addition to working as a consultant and expert witness for attorneys, she is available for presentations and workshops for attorneys, real estate licensees and consumers.

©Copyright - All Rights Reserved


Related articles


6/7/2013· Expert Witnessing

The Power of Perspective: Three Steps to a Powerful Expert Perspective

By: Susan Maccoy

I review all the depositions and documents taking reference to techniques, procedures, and timelines from the perspective of the neutral observer at the time of the event.


5/29/2003· Expert Witnessing

Avoiding Ipse Dixit Mislabeling: Post-Daubert Approaches To Expert Clinical Opinions

By: Harold Bursztajn, MD and Thomas G. Gutheil, MD

Recent Supreme Court decisions emphasize the need to regulate the admissibility of expert testimony by means of standards that require opinions going beyond ipse dixit; that is, that are based on more than the fact that the expert "said it him/herself


11/3/2017· Expert Witnessing

How Independent Is Your Expert?

By: Michael J. Garibaldi CPA, ABV, CFF, CGMA

It may be detrimental to an expert witness's credibility if even the appearance of a lack of independence exists. In today's legal environment, discrediting an expert based on his or her relationship with counsel, the client or the judge is common. Let's examine how to identify an expert's independence.

; broker Movie Ad

Follow us

linkedin logo youtube logo rss feed logo