What Advantages Do Attorneys Have over Most Pension Experts?
Attorneys have a much broader view of the case than expert witnesses, including knowledge of the facts, judicial attitudes, and other individuals involved. This 360-degree view is in marked contrast to the limited perspective of experts. In a sense, experts wear blinders. They know a great deal about one tree in the forest, but attorneys have studied the entire forest. Look for the opposing expert’s blind spots. Present value experts should know three areas: the actuarial mathematics to compute present values; the pension plan being examined; and the law as it relates to those present values. However, few experts have a comprehensive knowledge of more than one of those areas. A deficiency in any of those areas can end up blind-siding even the best of expert witnesses. The following example should illustrate how an expert’s vision might be limited. A pension evaluator might assume that a 49-year-old General Motors United Auto Worker participant with 29-plus years of credited service wil
