Day: August 21, 2024

What does expert witness mean in the legal space?

In the legal space, an “expert witness” is a person with specialized knowledge, skills, or experience in a particular field who is called to testify in court to provide their professional opinion on matters related to their expertise. According to the Munley Law Glossary, expert witnesses are crucial in helping the court understand complex issues that require specialized knowledge beyond that of an average person.

Understanding Expert Witness

An expert witness typically fulfills the following roles:

Specialized Knowledge: They possess expertise in a specific area relevant to the case, such as medicine, engineering, finance, or psychology. Their knowledge is often beyond that of a layperson.

Objective Opinion: Expert witnesses provide impartial, objective opinions based on their expertise. Their role is not to advocate for one side but to offer professional insights that aid the court in understanding technical or complex aspects of the case.

Testimony: They testify in court, explaining their findings, opinions, and the basis for their conclusions. Their testimony is intended to clarify complex issues and assist the judge or jury in making informed decisions.

Legal Implications of Expert Witnesses

The use of expert witnesses has several important legal implications:

Admissibility of Testimony: For an expert witness to testify, their qualifications and the relevance of their testimony must meet certain legal standards. In the U.S., for example, the Daubert standard or Frye standard may be used to determine whether the expert’s testimony is admissible.

Influence on the Case: Expert witness testimony can significantly influence the outcome of a case. Their opinions may help establish key facts, clarify technical issues, or support arguments made by one side.

Qualifications: Expert witnesses must demonstrate their qualifications, such as advanced degrees, professional certifications, or extensive experience in their field. Their credibility is often a key factor in how their testimony is received by the court.

Fees: Expert witnesses are typically compensated for their time and expertise. Their fees can vary based on the complexity of the case and the level of expertise required.

Examples of Expert Witnesses

Expert witnesses come from various fields, and their expertise can be applied to a wide range of cases:

  • Medical Experts: Physicians, surgeons, or medical specialists who provide testimony on medical conditions, treatments, and injuries.
  • Forensic Experts: Specialists in forensic science who analyze evidence such as DNA, fingerprints, or digital data.
  • Financial Experts: Accountants or financial analysts who provide insights into economic damages, fraud, or financial transaction.
  • Engineering Experts: Engineers who offer opinions on structural failures, accidents, or design issues.
  • Psychologists: Professionals who assess mental Health issues or provide evaluations related to psychological conditions.

Role of Munley Law Glossary

The Munley Law Glossary offers definitions and explanations of legal terms related to expert witnesses, helping attorneys, clients, and others understand the role and significance of expert testimony in legal proceedings.

An expert witness is a specialized professional whose testimony provides valuable insights and clarity on complex issues in legal cases. Their role is to offer impartial, expert opinions based on their specialized knowledge, which can significantly impact the outcome of a case. Understanding the function and requirements of expert witnesses, as outlined in the Munley Law Glossary, is essential for navigating legal proceedings involving complex or technical issues.

What is Property Management?

Property owners often hear about property management companies and wonder what they are, in so much as how they benefit a property owner. There are many misconceptions regarding how property managers work and their responsibilities, as well as what sort of properties property management companies can be hired to maintain.

Let’s go over the ins and outs of property management and find out if it’s a service you can benefit from.

What is Property Management? 

Property management means hiring a third party as a property manager to oversee the daily responsibilities of residential, commercial, or industrial properties. Generally, the property manager will ensure the day-to-day repairs, maintenance, and upkeep are taken care of and is usually tasked with caring for investment properties. 

What are the Property Manager’s Responsibilities?

The essence of property management is being delegated work that the owner or developer has no time to handle. These responsibilities can range from handling tenants to ensuring the property is properly maintained, specifically, a property manager’s job can include:

  • Screening potential tenants
  • Signing, drafting and renewing leases 
  • Collecting rent from tenants
  • Arranging for repairs for the property
  • Creating and adhering to property maintenance budgets
  • Preparing vacant units
  • Advertising the rental property
  • Handling lease agreements with tenants
  • Rent adjustments
  • Supervising property employees
  • Handling evictions and move-out processes
  • Handling tax for the property
  • Ensuring property compliance with the law
  • Property record keeping

While this list isn’t exhaustive, it gives a good and rounded impression of what type of responsibilities you can expect property managers to take on. 

Types of Property Management

There are four types of properties that property managers are likely to work and care for:

Residential Real Estate Property

Residential properties can fall to a property management firm usually when it’s a rental space and can include:

  • Single-family homes
  • Multi-family homes
  • Townhouses
  • Apartment buildings
  • Manufactured homes
  • REO properties
  • Vacation rentals

Commercial Property

Commercial property is commonly associated with property management companies and can include a wide range of spaces, including:

  • Co-working spaces rented by the day or hour, commonly used by freelancers and contractors
  • Office properties, such as doctor’s offices or large buildings with multiple offices and levels
  • Retail properties, such as malls, restaurants, gas stations, and big-box stores
  • Accommodation properties, such as hotels, motels, and resorts. 

Industrial Properties

An industrial property often has more responsibilities for the property managers than the other categories due to the nature of the work performed in these spaces, such as bidding for vendors and compliance with industry codes. Some of the types of properties that fall under property management companies’ purview include:

  • Distribution facilities
  • Warehouses
  • Food packaging plants
  • Automative plants
  • Steel mills

Special-Use Properties

Special use, or special purpose property, means a property that is designed for a specific use and often translates to property managers needing specific skills to successfully manage them. A special-purpose property includes:

  • Schools
  • Colleges and universities
  • Places of worship
  • Resorts
  • Sports arenas
  • Theaters
  • Senior care centers and facilities

Benefits of Having Property Management 

No matter the type of real estate property you own, there are a host of Benefits to hiring a property management company, including:

Screening out problem tenants: likely the biggest headache for any real estate owner. Due to a property manager’s experience, they have the insight to see red flags and spot good qualities in a potential tenant, making the screening process more efficient and having better quality tenants long-term.

Decreasing turnover: piggybacking off the first advantage, lower turnover means stable property income and happy tenants. 
Avoiding legal issues: an experience property manager knows the housing and landlord-tenant laws: being able to navigate them while having good relationships with lawyers who specialize in these types of disputes. Some companies will also take care of fees associated with evictions or property damage issues.

Saving money on maintenance and repair: Like being connected with lawyers, an experienced real estate property manager usually works with a maintenance company that due to their professional relationship can benefit from discounted work without losing on quality. They can also stay ahead of repairs by having the time for regular inspections, reducing emergency repair costs.

Property Management For You

Now that you understand what property management is and the common responsibilities they have, along with what type of real estate they handle; do you think you’d benefit from hiring such a company?

Here at Goodale & Barbieri, we do just this. As one of the largest developers, property managers, and a leading real estate firm, we understand what to look for with tenants and the nuances of managing a property. Since 1937 we’ve handled properties of all sorts and currently over 4 million square feet of commercial property. Discover more about working with experienced experts by following the link below.
    

Goodale & Barbieri