Being a Witness and an Expert in Real Estate–Related Issues
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I never set out — nor wanted — to be involved in legal disputes. Like most people, I assumed courts were for lawyers and judges. But over time, my work put me in rooms where facts were questioned, stories conflicted, and someone needed to say what actually happened — not what benefited one side or the other.
That’s when I learned the first hard truth about being an expert witness.
When someone hires an expert to testify, they usually hope you’ll support their position. That’s human nature. But the moment you adjust facts to help someone’s case, you stop being useful — and you stop being honest.
The truth doesn’t belong to either side. It has to stand on its own.
Being an expert in construction-related issues means explaining exactly what you saw, what you tested, what you measured, and what standards apply. Nothing more. Nothing less. If the facts help one side, so be it. If they don’t, that isn’t your problem to solve.
This responsibility is one of the most difficult roles I’ve ever had, and I never really liked it. I could see the pain on both sides, but the truth still needed to be spoken.
Attorneys would often try to lead questions in a direction that distorted how an answer might be given — twisting words, hoping you’d respond a certain way. That’s part of the system.
In disputes, confusion is often intentional. Words get twisted. Timelines blur. Technical details get buried in jargon.
An expert’s responsibility is to cut through that fog.
That means speaking plainly. Explaining complex systems in a way ordinary people can understand. Slowing things down instead of adding more confusion. I learned early that the most respected experts aren’t the ones who sound smartest — they’re the ones who make the truth easiest to grasp.
I remember one court case involving the questionable installation of a jet bathtub. You don’t get to just speak freely in court — you answer the questions you’re asked. A plumber who wasn’t connected to the case and I were both expert witnesses. The attorneys asked questions that, in my opinion, were switched between who really should have answered them. It was frustrating, but that’s the legal system at times.
There’s pressure in legal disputes that most people never experience. Your words get dissected. Your notes examined. Your credibility is questioned.
You learn quickly that preparation isn’t optional. If you don’t know something, you say you don’t know. Guessing, exaggerating, or speculating will come back to haunt you.
Under pressure, honesty becomes your protection. Calm becomes your strength. Consistency becomes everything.
Once something is written, reported, or sworn to, it takes on a long life of its own. I learned to treat documentation with respect because someone may read it years later with no context except what you left behind.
That means careful notes. Clear language. No shortcuts.
Good records protect everyone — including you.
If truth were easy, disputes wouldn’t exist. The reality is that honest conclusions sometimes disappoint clients, upset attorneys, or derail expectations. Truth has a way of doing that.
Being an expert witness is ultimately about integrity. You see situations through trained eyes that others may not be able to see through because of their own conflicts.
After fulfilling this role numerous times, I came to realize that truth can be painful. Truth doesn’t care about anyone’s level of understanding — only about what actually caused the problem, regardless of who made the mistake, intentional or not.
I never liked this role and tried to avoid being the person everyone looked to for judgment. I much preferred simply inspecting properties rather than being sequestered by attorneys as an expert witness in disputes involving contractors or tradespeople.
I just wanted to live a quiet life and enjoy it to the fullest.
I suppose others want that too, which is why expert witnesses are needed in the first place.