Choosing the correct real estate expert witness can materially influence the strength of a case. The ideal expert possesses both subject-matter mastery and the communication skills necessary to withstand scrutiny.
- Deep Real-World Experience
Hands-on exposure to acquisitions, leasing, property management, valuation, and development helps experts contextualize disputes. Courts value testimony grounded in actual industry practice.
- Prior Expert Testimony
Experience producing expert reports, sitting for depositions, and testifying at trial is crucial. Seasoned experts understand how to defend their opinions under cross-examination and how to communicate complex issues clearly.
- Professional Independence
Strong expert witnesses are neutral and fact-driven. Their credibility comes from applying consistent methodology—not advocating for either side.
- Technical Competence
Depending on the matter, experts may need skills in valuation, damages modeling, ASTM property-condition standards, lease interpretation, rent reasonableness analysis, or fiduciary-duty evaluation.
- Strong Communication Skills
Courts rely heavily on how clearly an expert can translate specialized concepts. Modern real estate litigation often requires experts who can explain:
- Market data
- Financial modeling
- Lease provisions
- Industry norms
- Cause-and-effect relationships
Professionals like Jeffrey S. Rothbart, who have extensive industry practice paired with legal training and teaching experience, exemplify this balance of expertise and communication.