Carol Peters as an Evid C 730 Expert Witness
To obtain a no-cost conflict check and copy of the C.V. used with success in a matter in San Diego, send a request by e-mail to: e-mail Carol Peters.
Fiduciary conduct:
A Fiduciary’s conduct may be correct or be misunderstood, because of the 1-way duty, which is NOT a 2-way contractual duty (no back-scratching).
Carol Peters can frame the hypothetical question for your case’s critical point in time so that the Question – and its Answer – are understandable in plain English, and with relevant citations.
Medi-Cal points to consider:
- Early resolution of disputed Medi-Cal issues can avoid elder abuse &/or reduce legal costs!
- Education enables disputants (and their Attorneys) to simplify disputes about Medi-Cal Eligibility and/or Estate Recovery rules and/or their effect.
- Understanding how and when the LTC Medi-Cal rules work can enable the parties to agree on how to reach their desired outcome(s) so that they can move on. Or, if they are unable to move on, the parties can narrow the contested issues, or be better prepared for mediation and/or trial.
In mediation, a neutral facilitates the parties making their own decisions; at trial, a judge makes the decisions.
What Does an Expert Witness Do?
Expert witnesses educate the parties, their attorneys and the court. The trial court is the decider of fact.
Using a hypothetical question, an expert witness provides permissible opinion testimony to inform the court, so that the court can decide the facts and law.
An expert witness is not an ‘eyeball’ witness, and has no personal knowledge about the facts of a case.
Where are the different Forums for Deciding?
MEDIATION: PARTIES decide: Guided by a neutral Mediator (often a retired Judge), parties may settle most, if not all, issues through their own mediation process. Making their own decisions about the issues to be resolved and their process, they use their process to decide their issues. Collectively they make their written agreement with each other.
COURT: JUDGE decides: This costs more because the parties (and their Attorneys) must be prepared for trial. The Attorneys must:
- Organize documents
- Identify exhibits
- Meet-and-confer
- Identify eyeball witnesses
- Engage expert witnesses
- Write trial briefs
- Do all the other trial preparation tasks necessary and/or appropriate to be ready for Court.
- The Judge makes the ultimate decision after hearing the Witnesses.
An expert witness’ opinion may be helpful to support a Motion for Summary Judgment (MSJ).
Expert witnesses can be used in either civil and criminal court cases, or both.
