The Role of Expert Witnesses in Commercial Dispute Cases

Commercial dispute cases can cover a variety of issues, from the simple to the complex. And the volume and intricacy of the evidence involved in these cases are often directly related to the complexity of the issues being disputed themselves. As such, having a reliable attorney in your corner and expert witnesses on standby throughout the proceedings is vital.

The Risks Involved in Litigating Complex Commercial Dispute Cases

In any business or civil litigation case, the role of the court is to consider the evidence that is presented to it and then render a decision to resolve the case based on that evidence. However, when the evidence being presented in a commercial dispute case is difficult to understand, the risk of an erroneous or ill-informed decision grows.

For example, in a lawsuit alleging patent infringement, a court that does not understand your invention or development and how it works runs the risk of making the wrong decision. In these types of cases, the results of a lapse in judgment can be monumental and costly to you and any others affected by the decision.

Expert Witnesses: Guides for the Court

When the subject matter involved in commercial dispute claims is expected to be too complicated for a layperson to understand, one or both parties may choose to bring in expert witnesses to help make the material more easily understood. Expert witnesses, therefore, act as guides for the court, helping it make sense of information that may otherwise be inaccessible or too elaborate to grasp.

Qualifications for Expert Witnesses

Experts do not need any formal education to be considered as such. A court will instead consider a person’s person’s background, including work experience, skills, and job positions, in deciding whether they can be regarded as experts. (Nevertheless, advanced degrees are often helpful.)

However, simply possessing knowledge or job training related to the dispute at hand is not enough to allow a person to serve as an expert in any particular case. Instead, the court must find that the expert’s knowledge would, in fact, be helpful to the court in understanding subject material that may otherwise be easily misunderstood.

Examples of How Expert Witnesses in Commercial Dispute Claims Assist

Expert witnesses can be necessary in a variety of civil commercial cases, such as those that include or involve the following:

  • Confusing financial transactions and data
  • Computer programming, cybersecurity, or other technical evidence
  • Experiments that attempt to reproduce material facts or occurrences
  • Scientific, technical, or engineering evidence

Ultimately, the court must decide on a case-by-case basis whether an expert’s assistance would be helpful. And when called, an expert witness will help illuminate the court’s understanding of the subject matter by explaining complex principles, educating the court on the prevailing opinions in the field, and even rendering a professional opinion as to the issues at hand.

More Than One Expert May Be Needed

In a typical case, if one party retains an expert witness, the other party will often do the same. Although experts are meant to provide unbiased evidence and opinion, there is the frequent perception that a party’s expert will always testify helpfully to the party employing them. 

But even with that in mind, having competing experts can help the court reach a more informed decision.

Call or Contact Kohan Law Group and a Skilled Commercial Dispute Cases Lawyer Today

A New York commercial litigation lawyer from Kohan Law Group is a skilled advocate who knows when an expert’s opinion can make the difference in commercial dispute cases. We’ll thoroughly prepare you and your claim for all the potential twists and turns that commercial litigation can take. For more information, contact Kohan Law Group today.