I work in compliance law effecting manufacturers, and yet it never ceases to amaze me how much my colleagues need to know about banking operations. Lawyers have a funny expression when speaking with each other: oh, no, I wouldn’t do that. It’s a statement of respect.
So when you’re looking for an expert witness in banking operations, my best recommendation is carefully review the credentials of the expert witness. Start at the top line of the resume, read through each point, and ask for a sufficient explanation of each claim to meet both your understanding and critical satisfaction.
But the other tip I would give is to do advance research into the field of banking operations so that you can develop a few repeater questions to ask each potential expert witness and have a basis for comparison. What you will find after you’ve done enough interviews is that sometimes the most knowledgeable, talented individuals have the least self-reflective resumes. They do what they do well and over the course of a career, so an item that may be of importance in a case might not be listed on the resume because it’s part of a routine day for the expert witness.
In simple terms, “banking operations” are the daily transactions of a bank. From these simple words, it immediately gets more complicated. High on the list of super interesting – super complicated is the criss-cross between “operational risk” and funding requirements. Banks, like other financial institutions, have to manage risk, including setting aside capital for potential losses, which may be at least as much is required at law, but which may also – voluntarily – be more.
Lawsuits in the area of banking operations similarly run a range of simple to complex. A recently filed lawsuit was brought for a bank failing to make adequate capital investments in its computer systems with at least one consequence being statements being mailed to the wrong customer. Another recent claim alleged discrepancies in daily balances by significant sums of money into the billions of dollars.
Lawsuits regarding banking operations can configure as person versus bank, bank versus bank, and government versus bank. In each scenario, an expert witness in banking operations is sure to be found on both sides of the case.
By: Paloma A. Capanna, Attorney at Law