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What is a Testifying Expert vs. Auditor

Any auditor can "claim" they are an "expert". If you are ordering a service upon which you expect to litigate or drive a litigation incentivized loan modification, you surely don't want to hire someone whose work and testimony you expect to rely on; only to find both crash on useful application in court. Here at FPG-USA, Richard Kahn your "auditor" is a highly qualifying "testifying expert".


Use the CREDENTIALS tab for details. Let's see what Mr. Kahn has to say:


"I'm testifying all the time. I'm a court certified expert. What is this? It is the standard procedure of opposing counsel to challenge most anyone who presents themselves to the court as an expert. This goes for the borrower's side and the lender's side. Expert's undergo what is called "Voir Dire" by counsel as to their qualifications, truthfulness and expertise in the instant subject matter.


Judges have the final say as to who is an expert, who can submit testimony, what evidence can be submitted. It's up to the attorneys to properly question the expert, address the evidence and it takes litigation skill to have both the evidence and expert accepted by the court.


In some cases, the opposing counsel attorney goes through all the motions objecting and may allege to the judge that the expert is not certified because in this business there is no recognizable certification. Judges rely on the Voir Dire expert responsive testimony as well as facts to decide. Experts are expected to identify the states, courts and cases in which they have submitted evidence and testimony. Published works are considered, as are  being an educator. Work experience, licensing, handling oneself before the court; are all considered. On this a judge may "certify" the expert, upon which the expert's evidence and testimony can be heard.


Getting the expert's written testimony into the record can be more tricky than being allowed to give oral testimony. Written testimony has to walk the line of evidence without crossing it. There are many things that a "non" expert can "think" makes sense but the inclusion of which results in the evidence not being admitted; usually followed by the expert's testimony not being recognized by the court. Parties "claiming" expertise that can't back it up are routinely dismissed and/or not permitted to testify. Weeding out false claims of expertise is a regular course of action in courts.


Many people who "claim" to be experts state such things as their work hasn't been challenged. That's absurd. Can you imagine a lender's counsel or any opposing counsel being confronted with a borrower's side expert that threatens to undermine the lender's case and the lender's counsel simply allows it without considerable objection? Only those with little or no actual court experience could think that or accept that absurdity.


In addition to the impeccable credentials of an expert that has weathered the test of time under deposition, written testimony, oral testimony, examination, cross examination, re-direct, Voir Dire and the intesive investigations of opposing counsel to dig up dirt to discredit the expert; a testifying expert has the knowledge and experience in court to handle any situation.


FPG-USA's qualifying expert, Richard Kahn, has all of these expert qualities and brings them to every case FPG-USA accepts. If we accept your case, you know you can rely on us and that includes when you need us most.


Many attorneys like the "one hour consultation" that goes along with Gold packages. They can use this to go over the line of questioning and discuss matters directly with the expert. The expert's sworn oath affidavit is designed for use in the Voir Dire by opposing counsel. By submitting it into the court, both opposing counsel and the Judge have this detailed experience in hand to reference as the expert responds to questioning.

True, it may be a little more expensive to hire a "real" testifying expert, especially one such as FPG-USA provides; who has been challenged myriad times but has sustained his expertise and has testified 100% of the time against opposing counsel attempts to dismiss or discredit him.


Often, "pseudo experts", meaning parties claiming to be expert's who are not, price their services at or around what real testifying experts charge in order to imply similar worth to their work and status. Unfortunately, those who fall for that and rely on it shouldn't be shocked in the final hour when it's time to enter the "gladiator ring" and face the "hungry tiger"; to find the so-called "expert" didn't show up or was easily discredited and removed. Unfortunately, the court does not allow the borrower to hire someone else at that time. Courts expect that litigating parties do their homework and vet experts in proper time.


Court rules cover evidence and experts, providing ample notice to the court. It is unfortunate when a borrower's side is faced with making their own  case without the intended expert's testimony  they were relying. . So in one way, saving money or accepting "bald claims of expert status" can be very costly in the end.


The best advice is to dig VERY DEEP in vetting any intended expert. Get everything in writing. Don't rely on puffed up claims and salesmanship  and put the reliance of your case in the hands of a pretender. FPG-USA's highly qualifying expert has a long standing national reputation as a testifying expert with all the qualifications and experience to defeat Voir Dire objections."


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