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Use Expert Witnesses Early in Litigation

Many of the divorce cases we handle involve closely held businesses, complicated banking transactions, commingling of separate and marital funds and difficult financial issues.   The rules in most courts require the disclosure of expert witnesses and what they are going to say at a fairly early stage in the litigation.  Too often practitioners wait too late to designate expert witnesses and they are blocked by the Courts from using experts.   

When you have cases involving these complex issues, it is very important to analyze your case early and make a decision early as to whether or not you will need an expert.  If in doubt, obtain an expert.  One spouse may have a closely held business that does not have a discernible value in the market.  Oftentimes, these types of closely held businesses can be discounted for lack of marketability, minority interests and various other legitimate means of discounting. Many times a party may have inherited substantial funds but intermingled them with other marital accounts which can be difficult to unravel.  Expert witnesses can make an appropriate valuation of a closely held business and can untangle the intertwined marital and separate accounts.  

We have within our firm corporate lawyers, tax lawyers, CPAs, etc.   We also have close relationships with top quality expert witnesses in the area of valuing closely held businesses, forensic accounting, etc.  

If you have a case that has complicated issues, think early about an expert and hire an expert at an early stage.  Don’t get caught.  Don’t miss a scheduling deadline. 

© 2022 Odin, Feldman & Pittleman, P.C.National Law Review, Volume III, Number 219
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About this Author

J. Patrick McConnell, Odin Feldman Law Firm, Family Law Attorney
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With more than 30 years of experience in Family & Domestic Relations law, Patrick McConnell represents clients who have particularly complicated matters that cross state or international boundaries, or that involve complex financial issues. His background in finance and knowledge of tax law provide insight that can lead to innovative solutions. When necessary, Patrick teams with an attorney from the firm’s Estate Planning or Corporate practice areas to assist with the preservation of wealth for his clients' children or their future generations.

Patrick is chair of the Family...

703-218-2185
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