Expert Category: Banking Expert Witness

If your matter involves a dispute about lending, financing, or trading practices, you may require a Banking expert witness.

What is a Banking Expert Witness?

Banking Expert Witnesses, often categorised as Finance Expert Witnesses, have a critical impact in disputes centering on the compliance of banks and other lending institutions. These can be compliance with banking laws and regulations, established standards of due diligence, as well as internal policies and practice guidelines.

If your matter requires an independent objective opinion on the propriety of conduct in the pricing, management and/or transfer of funds or other assets, then you likely require a Banking Expert Witness. Usually, these Expert Witnesses are banking or lending professionals applying their experience to comment on whether they themselves would have acted in a similar manner to defendants in the matter.

The perspective of such an expert on the reasonableness of a bank or lender’s conduct in certain circumstances, as well as on factors that should be critical to a banker or lender at a given time, have held sway and continues to, in numerous matters.

Roles and Areas of Law

• Regulatory Compliance and Credit Risk Management: Diligent and prudent practice of banking and lending often become key issues in litigation. A Banking Expert Witness is crucial for interpreting and identifying compliance with laws, regulations and standards. This might involve assessing whether an institution has, for instance, failed to follow standard credit risk management and disclosure practices or whether it chose the right loan structure for its clients in light of risks and their debt-to-equity ratio.
• Breaches of Duty and Serious Offences: Banking Expert Witnesses also commonly appear in matters concerning more serious violations of securities law and regulations, such as breaches of fiduciary duty, insider trading, securities fraud and market manipulation.
• Calculation of Damages: Most lending and banking practice litigation will also involve a dispute over damages. A Banking Expert Witness can be crucial in this context, for calculating losses incurred in investments and those involving other parties.

Finding the Right Expert

When searching for an expert witness, first consider whether the expert’s study, training and experience match the expertise required to comment on the issue of fact. You can check an expert’s suitability for your case by reaching out to the expert and setting up a preliminary consultation.

In many instances though, the most qualified expert in a field may not make the best Expert Witness for your matter. The extent to which an expert understands their duties as an Expert Witness and can articulate their opinions and reasoning in an expert report and in a courtroom, will often impact your case to a greater extent, than other differences in the professional record of the expert (e.g., the number of years they have practised in their area of expertise).

Knowing which expert to select for your case can therefore involve a delicate balancing act between several factors. ExpertsDirect is experienced in weighing the pros and cons. Our head-hunting team not only sources the most qualified experts for you, but also selects experts based on the demands of lawyers and their matters.

Get in touch if you require an expert witness for your matter: