Family Law News

Legal Experts: Has the Time Arrived?

November 2, 2006
By: Brian C. Vertz

One of the long-standing principles of evidence is the rule that restricts the courts from hearing the testimony of legal experts as witnesses who can explain the law. The reason for the rule is that judges are expected to form their own opinions of the law and how it applies to a case. That rule once made sense, in the days when most judges heard cases ranging from admiralty to taxation. But today, the law is much more complex and intricate than in the past. Most lawyers these days, and many courts, specialize in a particular area of the law and have relatively little knowledge about other areas. Some courts only hear cases involving workers’ compensation, or trusts and estates, or divorce. Judges who preside in those courts probably practiced law in a particular specialty before they were elected to the bench. Can judges in those courts be expected to form their own opinions about areas of the law they may have never studied and have had no experience? When a bankruptcy issue arises in a divorce case, why can’t the divorce judge hear from a bankruptcy lawyer to explain the law of bankruptcy? Perhaps it is time to relax the evidentiary principle that prohibits experts from testifying about the law.

About the Author

Brian C. Vertz

With an MBA and more than two decades of experience handling complex financial affairs, Partner Brian C. Vertz excels at cases involving assessment of personal assets including premarital wealth and trusts, valuation of closely held businesses, executive compensation, medical and dental practices, and complex child support litigation. Brian was selected as the Pittsburgh 2019 Lawyer of the Year for family law through The Best Lawyers in America peer review process.