One City Built to Last

y by annise anise celano
DJK CONSULTING, LLC
Making a Strong Case
An expert witness views financial disputes
Professionals on Wall Street aren’t
dealing with Monopoly money
– and neither are the increasing
numbers of Americans seeking financial
advisement. That’s why difficult
clashes over financial services continue
to surface today on the playing
field of the courtroom. Although the
call to set a fiduciary standard in the
entire financial services industry has
never been higher, such standards are
still light years away from being realized.
When legal issues and
disputes do emerge, it is reassuring
to know that there
are still watchdog resources
available in the form of expert
witnesses.
“You really have to not
have thin skin,” said David
J. Keogh, expert witness and
president of DJK Consulting
LLC.
According to Keogh, to be
a strong expert witness, you
must believe in your client’s
attorney, as well as have the
utmost confidence in your own expertise.
Though the process of cross-examination
can truly be trying, he assured
The Suit that it’s a matter of trust, professionalism
and not taking things too
personally.
Keogh, who is also the Director of
Compliance for LifeMark Securities
Corporation, has 30 years of experience
in the securities industry that
forms his opinion when testifying.
Drawing from his sales supervisory
background, Keogh said that he tries
to weave his testimonies together with
real-life experience, although he notes
that securities supervision – even under
existing rules – cannot necessarily
be seen in just black and white. “An
effective supervisor … needs to understand
that where there is smoke, there
is fire – and look for the fire,” said Keogh.
But before he agrees to be engaged in
a new client matter, it is Keogh’s procedure
to honestly assess everything surrounding
the situation. Keogh notes
that for him, personal accountability is
a huge factor in the potential for opening
a new case – and not every case is
a valid one.
“Just because you lost money in the
stock market doesn’t necessarily mean
that something was done wrong,”
Keogh insisted. “People have to look
at the particulars and understand if
what happened to them was as a result
of somebody doing something that
should have been prevented,” he said.
On the other hand, Keogh’s advice
to those seeking a securities expert
witness stems from the patterns he has
noticed in the system over the years.
“Even if they award a case in favor
of the client, often it’s not going to be
a hundred cents on the dollar,” Keogh
said, as one example.
He advised that potential clients
must understand the specific rules
and regulations that apply to their
cases before engaging his professional
services. They should also
be fully committed to the costs
involved in the entire process,
and be willing to live with a
potentially unfavorable outcome
afterward.
However, Keogh recalled
two great career successes in
which his clients did receive
full awards, including attorney
fees, expert fees and costs. He
explained that this is somewhat
rare in the industry, and
was a testament to his experience
and philosophies as an
expert witness.
But it’s not just about money for him.
Keogh emphasized how rewarding it
is to see how, through his efforts, deeply
affected lives could be restored.
For more information on David J.
Keogh and DJK Consulting LLC, visit
www.djkconsult.net.
235 Route 22 East, 1st Floor
Green Brook, NJ, 08812
1-732-968-8787
www.djkconsult.net
THE SUIT MAGAZINE - NOV 2014