A Fiduciary Duty Expert Witness and Why One is Important For your Litigation


It is always safe for one to have an expert in a particular field on their side and more so during a legal proceeding. A fiduciary duty expert witness is able to advice on various matters that are of importance regarding finances. Fiduciaries are vital in finance and securities because of the trust built between clients and the professionals on the other side of the table advising them.  A fiduciary relationship involves the duty of care, loyalty, honesty, and trust among other virtues.

A fiduciary duty expert witness is brought in when there has a breach in agreement between the involved parties. In most cases a conflict of interest leads to the breach of fiduciary rules and regulations. There are different types of fiduciaries available currently. It is essential for one to understand the type of fiduciary agreement they are getting into for ease of service delivery as well as monitoring and evaluation. Some of the common types of fiduciary relationships include;

  • Retirement plan sponsors
  • Broker-dealers
  • Financial advisers
  • Trustees
  • Board members, etc.

Fiduciary relationships work on the basis of trust. When trust is broken between the client and the fiduciary litigation may arise. In this instance, it is advisable for one to seek the services of a fiduciary duty expert witness.  Apart from testifying in court regarding certain issues that may be a challenge, a fiduciary duty expert witness is better fit to advise one on the way forward regarding their finances and by extension their fiduciary relationships.

Before contracting a fiduciary duty expert witness to work on one’s case there are several factors that must be thoroughly thought over. The first task is to find an expert who is conversant in the trade and has a successful track record. Databases on the World Wide Web can be used to find the best in the business in one’s locality. A list can then be created and further investigations done for one to come up with a list of fiduciary duty expert witnesses who are competent and up for the task at hand. Contact can then be initiated to individuals who are shortlisted to enquire about charges and availability.

After one settles on a fiduciary duty expert to use, it is essential that a thorough background check be run to certify that the expert contracted is qualified and licensed to operate in the jurisdiction. Once these important elements have been locked down, the terms and conditions can be discussed. The main role for the hired expert is to assess the case at hand and offer a solution including appearing in court to testify on their client’s behalf.

Counsel from a qualified fiduciary duty expert witness will go a long way to help one understand the case better and stand better chances of winning it. Hiring a qualified expert in the fiduciary business is also important since it will give one insight on how to handle issues in the future. With emerging trends in finance embracing fiduciary relationships in various angles it is important to hire a fiduciary duty expert witness when need be.