An expert witness has knowledge beyond that of the ordinary person, enabling him/her to give testimony regarding an issue that requires expertise to understand, while communicating this knowledge in an easy to understand format. Experts are allowed to give opinion testimony which a non-expert witness may be prohibited from providing. The party offering the expert must lay a foundation for the testimony. Both sides will attempt to discredit opposing experts.
In order to qualify an expert, a number of validating factors come to bear, including, the number of years they have practiced in their field, work experience related to the case, certifications, licensing, training, education, and peer recognition. They may be called as upon as consultants to a case and also used to give testimony at trial. Once listed as a witness for trial, the materials they rely upon in forming an opinion in the case is subject to discovery by the opposing parties. Expert testimony is subject to attack on cross-examination in the form of questioning designed to ferret out any limitations in the witness’s qualifications and experience, lack of witness’s confidence in his opinions, lack of the preparation, or unreliability of the expert’s sources, tests, and methods, among other issues.
The principals of Atlas Capital Advisors have over 20 years of experience representing lenders, servicers, banks, private equity firms, borrowers, buyers and sellers in transactions involving hundreds of millions of dollars of commercial, industrial, hotel, condo-tels, apartments, service stations, restaurants, mixed-use projects, whether in the sale, purchase, financing, refinancing, or loan workout transactions. This experience includes drafting and negotiating initial offers, purchase and sale agreements, leases, facilitating transactions, and managing every aspect of a real estate project and corresponding debt.
Atlas principals have served as expert witnesses in complex, high-dollar real estate litigation, as well as non-testifying experts advising attorneys and assisting in identifying unique and cost beneficial avenues of discovery and deposition preparations, and analyzing the products of those critical steps of litigation.
California Pursuit of personal guarantees. Successful settlement.
California Called to testify on enforceability of loan documents. Successful settlement.
Florida Called as to why opposing client’s choice of court appointed receiver should be declined. Successful settlement.
Florida Called as to why a Receiver should be appointed over the objections of the borrower. Successful settlement.
Florida Called in a lender liability case. Successful settlement.
Florida Called in a pursuit of personal guarantees. Successful settlement.
Hawaii Called on interpretation of loan documents. Successful settlement.
Montana Testified as to interest rates and investor return requirement when lender was faced with a cram-down. Successful settlement.
France Brought in by a U.S. private equity firm as a non-testifying expert on borrower’s budget, business plan feasibility and future cash needs of a failing brewery. Investor gained control.
Canada Brought in by U.S. investor as non-testifying expert on litigation as to the purchase of a non-performing note and specific performance. Successful settlement.
- Expert Witness (testifying and non-testifying)
- Litigation support (review and prepare questions against opposing expert; cross and direct examination support; prepare an expert for trial; due diligence and review of previous depositions, contracts, assumptions; assist in the preparation of briefs in support of expert)
Areas of Expertise
Real Property issues, Brokerage, lending, documents, guarantor pursuits, underwriting, foreclosures, receivership issues, property management, hotel management issues, condo-tels and other specialized real estate, loan restructures, servicing, disbursement and collection issues, lender liability and interest rate calculations.