"There may be situations where it's fair to say the opposing witness is a liar and a cheat," joked Judge Gustafson in the keynote panel at today's Tax and Valuation Conference at Georgetown School of Law. "But, those situations are rare." As a result, he doesn't see a lot of value in Daubert challenges or antagonistic cross-examination. Gustafson and his fellow judges Laro and Wherry concurred by asking that experts in their Court be "good educators" filled with "candor and reasonableness." "Help me understand how you got to the number at the bottom," said Judge Laro.
"You've got quite a pedagogical challenge to explain the complex issues of a valuation in 20 minutes," Gustafson said. "But that's what I ask of you."
"Oh--and something really practical for you to takeaway," Gustafson said. "14 point type! Help me read your report."