Need For Testimony

It little serves an attorney to obtain a cheap present value or self-generated QDRO only to lose the battle in negotiations or – even worse – in court. We stand behind our work and remain available even years after we complete a report or draft an order. Our staff is available to help you negotiate pension issues until you bring them to a safe conclusion. And if the case goes to court, you will learn where we truly excel.

Prevailing in court with your present value or QDRO can be a big deal for your client – and your reputation. Because it is also a keystone of our reputation and success it is a central focus of our services. What good is an expert that fails to prevail when the case is litigated?

Consider this Court of Appeals case where the difference in the present values done by the two opposing experts for the STRS pension was $224,539.07. The QDRO Group present value was $355,761.91 while the opposing expert, a Fellow of the Society of Actuaries, testified that the value the court should accept was $131,222.84. The trial court adopted QDRO Group’s value and then the Ohio Third District Court of Appeals in Forman v. Forman, 2014-Ohio-3545 upheld that decision.

The point we are making? Obtain present values from a company with trained expert witnesses that have a very high likelihood of holding up in court and that will absolutely convince your client that you selected the right expert for the case.

Our Expert Witnesses

Over the years we have had ten different expert witnesses appear for the QDRO Group (Pension Evaluators, QDRO Consultants, Kelley, Shulman & Co., LLC) over 1,700 times with stunning success. And we are always in the process of training the next generation of witnesses. If you want a sample of how our contested cases have gone over the last handful of years go to Four Recently Contested Cases on Present Values and QDROs.

Of course, our success is based on experience and expertise but, most of all, it is based on an incredible work ethic. We constantly review the prevailing case law both for our treatises and the cases we are working on and then do the following in preparing for litigation:

  1. We review the merits of the case with the requesting attorney to develop a strategy for negotiations and, if necessary, for the trial.
  2. We provide case law and treatises on the subject. Of course, many of those are chapters of books we have written on the specific issue being litigated. The attorney who first understands the issue, the case law, the treatises in the field assumes the high ground in negotiations and we help you up the hill to gain that strategic advantage.
  3. We provide both the direct and cross examination questions for you specifically tailored to your case. Please note that several days are frequently devoted to thoroughly preparing the questions, exhibits — and you — for the case. If an opposing expert is involved we typically have transcripts of previous court testimony and can carefully point out inconsistencies and weaknesses in previous court appearances. Check out an example of our questions.
  4. We provide experienced professional witnesses who offer clear, candid, deep and consistent testimony based on a clear narration of the important issues along with exhibits to stress the salient points.
  5. However, our work is not over when the trial court rules. We remain deeply involved as you work on your brief for the Court of Appeals. We provide the legal and actuarial research you may need and detailed help in fashioning your arguments. We recognize our reputation – our futures – depend on delivering winning results for the attorneys who hire us.

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