Recent Posts

The Opposing Party is Coming Fully Prepared to Trial

Q. Does it make sense to retain a competent Expert Witness in a securities, investment advisory, insurance or financial case?

A. A Registered Representative (Financial Adviser) or Insurance Agent can testify they followed the firm's Written Supervisory Procedures (WSP) to the letter, but they have assets to protect. The "growth oriented" claimant can testify they suffered losses during a market meltdown, but they too, have financial assets to protect and/or gain. Q. Does a seasoned attorney require a financial expert for every case?

A. Not necessarily and depending on the experience of counsel, they may only require the services of an expert witness for complex cases to review the discovery and testimony. Counsel with limited securities, insurance and financial experience typically requires additional assistance in analyzing the case and preparing for hearing and particularly with settlement issues and case assessment. The services of a competent expert witness can be equally valuable for both sides.

Q. Why not simply utilize the services of Chief Compliance Officer or Branch Manager to serve as the expert witness in the case? A. These individuals may be qualified, but their testimony is often times viewed as biased by FINRA and AAA Arbitration panels, and these "expert employees", frequently tend to side with the "house" thus providing an unbiased opinion, which can be problematic. Brokerage firms and Insurance Companies may think they are saving money by not retaining an expert witness, but this has proven to be a costly mistake in many cases.

Q. If the opposing side retains an expert witness, what message are they sending?

A. The message is crystal clear. The opposing party is coming fully prepared with expert testimony and documentation that could potentially put your side at a distinct disadvantage. However, by retaining a knowledgeable Expert Witness on your team, the probability of at least neutralizing conflicting and damaging opinions of the other side's expert witness is improved. Retaining an expert witness could provide to be the added edge that counsel may need to prevail on the case.

Q. Is it advisable to retain a professional Expert Witness who is no longer active in their chosen field?

A. For certain fields such as medicine it may be safe to retain a retired M.D. to examine x-rays and render opinions, but in rapidly changing industry such as the financial services and technology industry, there are distinct advantages to retaining an individual or firm that is "in the game" and is well versed on the current rules and regulations.

An unbiased and impartial Expert Witness will render opinions based upon the facts of the case and not subjective opinions and theoretical theories. An ethical Expert Witness will not be influenced by the retaining firm and they will base their decisions and opinions in the same impartial manner in which an unbiased Arbitrator would view the case, and that is based on the facts.

Bob Lawson is the President of Barrington Capital Management, Inc. a Registered Investment advisory firm, a FINRA Arbitrator, a Securities Expert Witness & Litigation Consultant and a Qualified Neutral under Minnesota Rule 114 (Civil Facilitative/Adjudicative).

Financial Plan | Personalized Report | Financial Advisor - Minneapolis

Barrington's Financial Blog

About   |    Our Services   |    Financial Planning   |    Employer Retirement Plans   |    Contact

Litigation Support   |    Expert Witness   |    Pro Bono Services   |    Five Star Wealth Manager   |    Careers       

Barrington Capital Management, Inc.

3800 American Blvd West   |   Suite 1500

Bloomington, MN  55431

952-835-1000   |    800-741-0704


Barrington Capital Management, Inc. only conducts business in states and jurisdictions where it is registered or where an exemption from registration exists. This site and its contents do not constitute investment advice or a solicitation to sell securities. Past performance is not indicative of future results. This website is for informational purposes only and Barrington Capital Management, Inc. reserves the right to modify it at any time without notice. Copies of Barrington Capital Management Inc.’s Form ADV Part 2 are available upon request. Images and photographs are included for the sole purpose of visually enhancing the website. No photographs are of current or former clients and they should not be construed as an endorsement or testimonial from any of the persons in the photograph.

All materials used on this site, including all images, are copyrighted and are protected worldwide by copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Barrington Capital Management Inc.'s prior written permission.

Neither Barrington Capital Management, Inc., nor any of their Investment Adviser Representatives, provide tax or legal advice. Tax and legal advice should only be obtained from a qualified professional. All written content on this site is for informational purposes only. All information and ideas should be discussed in detail with an advisor prior to implementation. Examples from our news feeds, blogs or articles do not take into consideration commissions, investment management fees, miscellaneous transaction fees, tax considerations, or margin requirements, which are factors that may significantly affect the economic consequences of a given strategy. Investors should review transaction costs, margin requirements and tax considerations with their financial or tax advisor before entering into any investment or financial planning strategy. Material presented is believed to be from reliable sources; however, we make no representations as to its accuracy or completeness.

Investment Advisory services are offered by Barrington Capital Management, Inc., a Registered Investment Adviser in the states of Minnesota and Texas. Barrington Capital Management, Inc. may utilize the services of First Ascent Asset Management, LLC for certain investment portfolios. Insurance products and services are also offered through Barrington Capital Management, Inc.

Disclosure: Barrington Capital Management, Inc. is not a law firm. Robert D. Lawson and his associates are not practicing attorneys. The scope of any activities performed by Robert D. Lawson, subcontractors or employees of Barrington Capital Management, Inc. is limited to litigation consulting and litigation support.​

By using this website, you agree to our Terms of Service and Privacy Policy. View our Business Continuity Plan.

Copyright © 2021 Barrington Capital Management, Inc.

A Registered Investment Adviser  |  All Rights Reserved