Expert Witness Services

 

Can I obtain a free consultation before making a commitment to hire an expert witness or a litigation consultant?

Absolutely.

 

How many expert witnesses and litigation consultants do you have available in California?

We have hundreds of expert witnesses and litigation consultants available in California and will perform special searches, if needed, at no additional cost.

 

What are the sources of your expert witnesses and litigation consultants?

There are several sources including : (1) Attorney referrals (2) Other expert referrals; (3) Our website and; (4) Our independent research, including the review of relevant cases.

 

Are there any limitations on how often an attorney can use a testifying expert witness?

There are no legal limitations, but there are practical limitations. Every expert witness will be asked by the opposing attorney how many times they have been hired by the law firm for which they are testifying. If the number is high, the opposing attorney will attempt to convince the jury that the expert is not objective and his or her testimony is unreliable. Therefore, it is recommended that a law firm not use the same expert more than twice.

 

Does it make any difference whether an expert witness is local or not?

It makes a difference to many jurors and sometimes a judge. When an expert is located far away, the opposing counsel will often suggest that the attorney had to shop extensively for an expert that would provide the testimony desired. This argument is very persuasive with many jurors and judges. All things being equal, it is far better to hire a local expert, if possible.

 

What happens if an opposing attorney challenges an expert's qualifications?

The attorneys will argue their positions in front of the judge, outside the presence of the jury, and the judge will then decide whether the person qualifies as an expert. Ultimately, the jury will decide if an expert is credible.

 

I have more than 26 years of construction experience as a General Building Contractor and General Engineering Contractor in California. I have owned my own company for most of that time. I have never been hired as an expert witness, but I am certain I would qualify. Is it possible to obtain some guidance from your company?

Absolutely. As the owner of our firm, I have personally provided expert witness and litigation consulting services for over 150 law firms over more than 30 years. Please contact me to discuss your becoming an expert witness.

 

What makes you different from other referral companies?

There are two primary reasons. First all referrals are made by an attorney or retired attorney with our firm. This helps to· assure that a quality referral will be made without delay. Secondly, our fee arrangement is highly attractive to both experts and attorneys needing an expert or litigation consultant. See: Compare our Service.

 

Are expert witnesses required to have professional liability insurance?

No. However, many experts choose to obtain coverage in order to protect themselves. Claims are uncommon, but they can be for large amounts of money.

 

Can an expert witness rely upon hearsay in, developing an opinion?

Yes. Experts can rely on hearsay in developing their opinions. However, the weight given to the hearsay will depend upon the jury's perception of its reliability and relevance.

 

Do you provide services beyond California?

The vast majority of experts we refer are for California cases but do have a group of experts that are available for cases in other states. Our firm can handle mediations anywhere in the United States by Zoom.

 

Can EWC provide expert witnesses and litigation consultants for litigants that are in pro per?

Absolutely. While litigation consultants will not offer legal representation services, they can be of great value to people who are not represented by legal counsel.

 

What are some of the primary requirements of an expert witness?

They must have knowledge, experience, be able to explain complex matters in terms that non-experts can easily understand, and demonstrate impartiality.

 

What are your normal business hours?

The office is open Monday through Friday from 9:00 am to Noon and from 1:00 pm to 5:30 pm.

 

What can possibly happen if our homeowner association does not take and retain minutes of meetings?

First it is necessary to define the term meeting under California law. A meeting is a gathering of a quorum of directors at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. A meeting can be in person, by phone, or by zoom. The board shall not take action on any item of business outside of a board meeting. Minutes are the official records of the proceedings of an association's actions. Associations are obligated to keep minutes of board and membership meetings. This includes incorporated and unincorporated associations. Minutes are required to be taken at board meetings, membership meetings, meetings of committees with decision making authority, executive committee meetings, and architectural committee meetings.

HOA boards must be aware of the following:

• Banks require corporate resolutions to be reflected in board minutes to open new bank accounts;
• Banks require corporate resolutions to be reflected in board minutes to change the persons authorized to sign on bank accounts;
• The enforcement of operating rules requires that they be adopted in accordance with California law. This requires that the minutes of the association reflect that every step was followed;
• Mortgage lenders may charge borrowers higher rates if they are not provided copies of minutes generally for a two year period;
• Mortgage lenders may refuse to make loans secured by condominiums in associations that do not keep minutes of meetings;
• The IRS and FTB require complete and accurate corporate minutes when they are auditing books and records of an association;
• Any Certification of Election prepared by the Inspector of Elections is required to be incorporated into the minutes of the meeting held to count the ballots;
• Certain actions of the board to collect delinquent assessments are required to be memorialized in board minutes. Failure to do so may provide a delinquent owner a defense to the association's collection action;
• All members of an HOA are legally entitled to copies of all meeting minutes;
• Disciplinary hearings are required to be held in an executive session of the board with certain information reflected in the minutes of the meeting;
• The decision of the board to spend money, outside of budgeted items, must be voted upon and the vote reflected in the minutes of a meeting;
• Any reimbursement made to a board member must be reflected in the minutes of a board meeting;
• Reports of dangerous conditions and the action the board intends to take to address the reported conditions must be reflected in the minutes in order to minimize liability. This also holds true for criminal activity;
• Without minutes, creditors may take the position that certain debts are personal debts of board members and not the debts of the corporation;
• The minutes should always reflect that a current financial report was generated, reviewed by the board, and approved; and
• The minutes of prior board minutes must be approved, if acceptable.
• There are other reasons to maintain corporate minutes, but boards must always keep in mind that they are required by law to be taken and maintained.

 

Litigation Consulting Services

 

Can I obtain a free consultation before making a commitment to hire an expert witness or a litigation consultant?

Absolutely.

 

I'm a plaintiffs attorney that could really use the services of a property management consultant. My client has an excellent case against his homeowner association but does not have the funds to pay a consultant. I am representing him or a contingency basis because its a good case and the defendant HOA has insurance. Is it possible for us to pay you when the case is settled?

For a testifying expert, this would not be possible, but a litigation consultant can be paid as suggested.

 

What are the sources of your expert witnesses and litigation consultants?

There are several sources including : (1) Attorney referrals (2) Other expert referrals; (3) Our website and; (4) Our independent research, including the review of relevant cases.

 

Can a litigation consultant be hired to read and summarize depositions?

Absolutely. Many litigation consultants have extensive experience summarizing depositions in order to prepare for trial or other depositions.

 

Can I hire a litigation consultant to interview witnesses and summarize their reports?

Absolutely. Many litigation consultants are highly experienced in interviewing potential witnesses.

 

Can a consulting expert assist me in determining what written discovery to propound and what key questions to ask in a deposition?

Absolutely.

 

Can you provide us with some standard questions to ask at a debtor's exam and a list of documents to subpoena for a debtor's exam?

Yes. See: Questions for Debtor's Exam and Documents to Subpoena for a Debtor's Exam.

 

Can a consulting expert help us challenge the other side's experts?

Absolutely.

 

Can a consulting expert help us develop counter claims and defenses?

Yes.

 

What are your normal business hours?

The office is open Monday through Friday from 9:00 am to Noon and from 1:00 pm to 5:30 pm.

 

Does EWC have consultants available to provide advice to court appointed receivers where a homeowner association or other corporation is under a receivership?

Yes. Contact us for a no-cost consultation.

 

What can possibly happen if our homeowner association does not take and retain minutes of meetings?

First it is necessary to define the term meeting under California law. A meeting is a gathering of a quorum of directors at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. A meeting can be in person, by phone, or by zoom. The board shall not take action on any item of business outside of a board meeting. Minutes are the official records of the proceedings of an association's actions. Associations are obligated to keep minutes of board and membership meetings. This includes incorporated and unincorporated associations. Minutes are required to be taken at board meetings, membership meetings, meetings of committees with decision making authority, executive committee meetings, and architectural committee meetings.

HOA boards must be aware of the following:

• Banks require corporate resolutions to be reflected in board minutes to open new bank accounts;
• Banks require corporate resolutions to be reflected in board minutes to change the persons authorized to sign on bank accounts;
• The enforcement of operating rules requires that they be adopted in accordance with California law. This requires that the minutes of the association reflect that every step was followed;
• Mortgage lenders may charge borrowers higher rates if they are not provided copies of minutes generally for a two year period;
• Mortgage lenders may refuse to make loans secured by condominiums in associations that do not keep minutes of meetings;
• The IRS and FTB require complete and accurate corporate minutes when they are auditing books and records of an association;
• Any Certification of Election prepared by the Inspector of Elections is required to be incorporated into the minutes of the meeting held to count the ballots;
• Certain actions of the board to collect delinquent assessments are required to be memorialized in board minutes. Failure to do so may provide a delinquent owner a defense to the association's collection action;
• All members of an HOA are legally entitled to copies of all meeting minutes;
• Disciplinary hearings are required to be held in an executive session of the board with certain information reflected in the minutes of the meeting;
• The decision of the board to spend money, outside of budgeted items, must be voted upon and the vote reflected in the minutes of a meeting;
• Any reimbursement made to a board member must be reflected in the minutes of a board meeting;
• Reports of dangerous conditions and the action the board intends to take to address the reported conditions must be reflected in the minutes in order to minimize liability. This also holds true for criminal activity;
• Without minutes, creditors may take the position that certain debts are personal debts of board members and not the debts of the corporation;
• The minutes should always reflect that a current financial report was generated, reviewed by the board, and approved; and
• The minutes of prior board minutes must be approved, if acceptable.
• There are other reasons to maintain corporate minutes, but boards must always keep in mind that they are required by law to be taken and maintained.

 

Mediation Services

 

Can we receive a free consultation before we commit to a formal mediation?

Absolutely.

 

Do you have any general advice for a non-attorney going into a mediation?

Following are three questions you must answer: (1) How much will it cost to prove you are right if the matter is not resolved in mediation? (2) What if you are right but the judge and/or jury doesn't agree for any reason?, and (3) Is this the hill to die for? Trials are expensive and risky which is why so many disputes are settled in mediation?

 

Do retired judges generally make better mediators than retired attorneys who have direct experience representing clients in trial and at mediations?

While not everyone agrees, we believe retired attorneys who have direct experience representing clients in trial and at mediations generally make better mediators. Judges on the beach do not meditate cases. They make procedural decisions and are experts on civil court procedures. When there is no jury, they will make decisions, but they don't meditate cases before them. On the other hand, many retired trial attorneys have years of experience directly participating in representing their clients in mediations. Also, retired judges almost always charge far more money to mediation cases than retired trial attorneys. It is not unusual for retired judges to charge $600 to $700 per hour.

 

Do you provide mediation services in connection with matters not listed on your website?

Yes. Call for a no-cost consultation so we can discuss your specific needs.

 

Are mediations conducted in person or by Zoom Meeting?

In order to keep the price down, we conduct all mediations by Zoom.

 

What are some of the advantages to conducting mediations by Zoom?

Advantages to Zoom meditations include: (1) Lower cost because the need for three separate physical rooms is eliminated, (2) Lower cost because the high cost of parking in areas such as Santa Monica, Century City, and West Los Angeles is eliminated, and (3) Lower cost because no travel time is required by the mediator, parties, and witnesses. The disadvantage is that no lunch will be served.

 

Can a judge order the parties to a lawsuit to participate in mediation?

Yes. In certain cases a Judge can mandate that the parties select a mediator and attempt to resolve their dispute in mediation. See: Court Ordered Mediations.

 

Can an expert witness or litigation consultant attend or participate in a mediation?

Yes. Expert witnesses and mediation consultants can often be very helpful in getting cases settled.

 

Do you have the expertise to mediate a construction defect case?

Absolutely. We have more than 20 years of extensive experience with construction defect cases.

 

As a mediator, are you willing to offer a mediation proposal?

Yes, assuming the parties agree. I have found that mediator's proposals are very likely to result in a settlement.

 

How do we start the mediation process?

The best way to get started is to complete and submit a Request for Mediation form which is on this website. Upon receipt, we will contact you with any questions. We will then send a copy to the other party or parties for their completion and agreement to participate in mediation. Upon receipt of the fully signed forms and payment, we will then contact all parties to establish an acceptable date and time.

 

What is the cost of a mediating a dispute?

The fee is $200 per hour which is divided evenly by the parties. We require a four-hour minimum payable in advance. We accept credit cards or checks.

 

Does mediation require the payment of a retainer? I have found several other mediators who will handle my case, but they want a $15,000 retainer.

Mediators are paid in advance of each session. For a four hour mediation, we charge $200/hour or $800 divided 50%/50% between the parties.

 

Are your mediators available on weekends or in the evening?

Yes. We are completely flexible as long as we receive sufficient notice of your requirements.

 

Are mediation briefs required?

No. They are helpful and save time, but they are not required.

 

Does your firm provide arbitrators in cases?

No. We provide experienced mediators but not arbitrators.

 

What are your normal business hours?

The office is open Monday through Friday from 9:00 am to Noon and from 1:00 pm to 5:30 pm.

 

What are punitive damages?

Punitive or exemplary damages are awarded only in special cases to punish the defendant for his or her egregious or knowingly harmful conduct. Punitive damages are also awarded to deter both the defendant and others from engaging in similar bad conduct. Courts may also award exemplary damages to compensate the plaintiff in cases where an award of attorney's fees is not allowed by law.

Punitive damages generally cannot be awarded in a contract dispute. The primary exception is in insurance bad faith cases where there is a breach of the implied covenant of good faith and fair dealing by the insurance company. Punitive damages are most commonly awarded in tort cases involving fraud , breach of fiduciary duty, and intentional conduct, resulting in harm to another.