In this special series, we will present content dedicated especially to law firms and lawyers who want to know more about expert practice.
But, after all, how does expertise, our expertise, work in legal disputes?
Expertise is an instrument used to verify or clarify a fact. In Law, expertise has the same status as evidence obtained through documentary and testimonial means, and is carried out by qualified experts who contribute technical knowledge in different areas of activity – such as oil and gas, energy, information technology, consumer goods, industry, services, retail and financial markets, for example.
In this context, there are two types of expertise: judicial or extrajudicial.
When requested by court, the expert is appointed by the Court to act impartially, gathering evidence or offering opinions on controversial matters in a given field of specialization. The parties may also appoint their experts, known as technical assistants, to monitor the work of the Court's expert and defend the technical issues pursued by the party.
In the extrajudicial route, expertise is commonly requested by companies in arbitration procedures, in which the expert is appointed to produce a technical opinion on topics of an accounting, business or tax nature, for example, in order to assist in the production of evidence for the resolution of a conflict.
In both cases, the work is delegated to an expert who has no relationship with the parties involved in the dispute, enabling the work to be conducted with the impartiality and seriousness that each case requires.
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