Portfolio Management Expert Witness

By: Sameer Somal |  December 18, 2023

Introduction

Portfolio management involves developing and supervising a diverse range of assets such as stocks, bonds, and cash designed to enhance an investor’s financial objectives. This goal can be achieved by establishing well-defined long-term goals, comprehending the investor’s risk appetite, and thoroughly researching into various investment options.

In the dynamic landscape of financial management, the role of a portfolio manager is pivotal in navigating the complexities of investment. On the other hand, a portfolio management expert witness provides accurate asset pricing, evaluates growth potential, and holds expertise in capital structuring, market assessment, and integrated scoring models. 

Portfolio management experts are key in bridging the gap between the judge and the complex domain of investments and their management. Being a niche field, attorneys also benefit from hiring investment professionals and understanding the technicalities of the case to represent their clients effectively.

Related

How to Become an Expert Witness

Key Areas Requiring a Portfolio Management Expert Witness:

1. Communication With Clients:

Communication is essential when managing a client’s portfolio. It includes informing the client of the financial goals and instrumental decisions. It may be necessary to engage an expert witness in situations where the portfolio manager is inaccessible to their clients or is handling their money irresponsibly.

Expert doin portfolio management
Credits: Pexels

2. Investment Planning:

Another important role of a portfolio manager is preparing investment plans. Utilizing his income, age, and ability to take risks, a portfolio manager prepares an investment plan for their client on a case-to-case basis. Such a plan includes leaving some amount aside for emergencies. An ill-prepared investment plan can require the expertise of a portfolio management witness to form an informed decision.

3. Risk Management:

As is expected with any investment, risk is given, which makes the duty of a portfolio management expert very important. Such managers hold a market index directly and ensure the risk taken is according to the comfortability of their client. 

4. Transparency and Unbiased Opinion:

Considering the kind of service a portfolio manager provides, their conduct must adhere to a standard of transparency and objectivity. A manager who doesn’t take due care and caution while providing service can cause a situation that would require an expert witness. An unbiased and honest manager would refrain from risking their client’s assets and increasing their pressure.

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How Can a Portfolio Management Expert Witness Help You?

1. Initial Case Assessment

Starting with a thorough assessment, a portfolio management expert discerns the specific needs of the case.  Furthermore, they determine which are the necessary documents, and aid in the formulation of pertinent questions for interrogations, depositions, and legal testimonies.

2. Preparation of Expert Report

Expert reports serve to bolster the legal team’s arguments effectively. Crafted in a clear and crisp manner, they ensure comprehension even by those without specialized knowledge in portfolio management. The main objective of the report is to summarize the expert’s perspective within their purview, aligning with the case’s unique requirements.

3. Providing Their Expert Testimony

Portfolio management expert witness leverages their specialized knowledge to simplify complex investment concepts. Their testimony becomes a bridge to intricate investment details by using relatable examples and analogies.

Businessman with a contract
Credits: Pexels

4. Aid in the Preparation of Case Strategy

Preparation of case strategy includes case analysis and meticulous research. The research and analysis help establish a robust foundation for compelling testimonies, ensuring the attorneys are well-informed and strategically sound while presenting in court.

Fields Relevant to Portfolio Management Expert Witness:

1. Stocks

Stocks, also referred to as shares and equities, are some of the most popular forms of investments. They allow an investor to obtain an ownership interest in a public company. Many popular companies, such as Apple and Microsoft, are publicly traded. Since Stocks are risky investments, they’re a popular subject requiring a portfolio management expert witness.

2. Bonds

Bonds are issued by a business or government, which are purchased by an investor, in return for money. Later on, when the investors cash in their bond, they receive interest on the principal. A bond issued by a corporation is referred to as a corporate bond and ones issued by various levels of government are called municipal and treasury bonds. Such debt instruments are quite profitable in the right hands.

3. Mutual Funds

Mutual funds are considered a far safer option compared to bonds and stocks. It allows the investors to dip into multiple options in a single transaction. Such mutual funds are generally diversified; they are either invested in a particular stock or a bond, or sometimes included in one transaction. Due to the option to include multiple stocks and bonds, mutual funds vary in risk and require skillful stewardship from a portfolio management expert.

Expert Witness giving a statement
Credits: Pexels

 

4. Index Funds

In contrast to mutual funds, an index fund will track an index without too much involvement, and cost less. Portfolio managers don’t need to pick and choose investments.

Conclusion:

A portfolio management expert witness is indispensable in adjudicating the integrity and effectiveness of investment practices. Managing diverse assets such as stocks and bonds demands skilled expertise to achieve an investor’s financial objectives. Critical areas, such as communication and risk management require a seasoned expert to assess the appropriateness of portfolio management practices.

Additionally, the inherent risks in investments highlight the crucial role of a portfolio manager in aligning risk with the client’s comfort level, making expert testimony vital in cases of mismanagement.

FAQs

1. When might the expertise of a portfolio management expert witness be required in cases involving communication issues with clients?

A portfolio management expert witness is vital when communication issues arise between managers and clients. They assess and testify on situations where clients lack information on financial goals or when funds are mismanaged, offering insight into the appropriateness of communication practices in portfolio management.

2. In what circumstances would a portfolio management expert witness be consulted for issues related to investment planning?

An Expert Witness is crucial when assessing concerns about an investment plan’s adequacy and preparation. This includes cases where a portfolio manager overlooks client income, age, and risk tolerance, resulting in an ill-prepared investment plan. The expert witness evaluates and provides informed testimony for sound decision-making. 

Find the Right Portfolio Management Expert Witness for You:

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Published by Sameer Somal

Sameer Somal is the CEO of Blue Ocean Global Technology and Co-Founder of Girl Power Talk. He is a CFA Charterholder, a CFP®️ professional, and a Chartered Alternative Investment Analyst. Sameer leads client engagements focused on digital transformation, risk management, and technology development. A testifying subject matter expert witness in economic damages, intellectual property, and internet defamation, he authors CLE programs with the Philadelphia Bar Foundation. Sameer is a frequent speaker at private industry and public sector conferences, including engagements with the Federal Home Loan Bank (FHLB), Global Digital Marketing Summit, IBM, New York State Bar Association (NYBSA), US Defense Leadership Forum, and US State Department’s Foreign Service Institute. He proudly serves on the Board of Directors of Future Business Leaders of America (FBLA) and Girl Power USA. Committed to building relationships, Sameer is an active member of the Abraham Lincoln Association (ALA), Academy of Legal Studies in Business (ALSB), American Bar Association (ABA), American Marketing Association (AMA), Business Transition Council, International Trademark Association (INTA), and Society of International Business Fellows (SIBF). A graduate of Georgetown University, he held leadership roles at Bank of America, Morgan Stanley, and Scotiabank. Sameer is also a CFA Institute 2022 Inspirational Leader Award recipient and was named an Iconic Leader by the Women Economic Forum.

Sameer Somal
Sameer Somal, CFA, CFP®, CAIA

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