When a Canadian proceeding requires proof of Mexican law, counsel may need evidence from a properly qualified expert. The expert’s role is to assist the court or tribunal by providing an independent and reasoned explanation of the relevant foreign law.
Maria may be retained to provide expert support concerning Mexican law, subject to the nature of the issue, the procedural rules, her qualifications in relation to the question, and the terms of the engagement.
Potential Expert Services
- Independent expert report
- Affidavit or sworn statement
- Supplementary or reply report
- Response to written questions from counsel
- Review of an opposing Mexican law opinion
- Assistance identifying areas of agreement and disagreement between experts
- Preparation for cross-examination
- Oral testimony, where appropriate and agreed
The Expert’s Role
An expert is not retained simply to advance the client’s preferred result. The opinion must be independent, within the expert’s area of competence, based on adequate information, and responsive to the question the court or tribunal must decide.
Canadian counsel should provide the applicable procedural requirements, deadlines, required form of report, and any certification or acknowledgment expected from the expert.
Why Canadian Legal Knowledge is Useful
Maria’s Canadian licence does not replace the need for counsel of record, but it helps her understand the context in which expert evidence is prepared, disclosed, challenged, and used. It also assists in identifying where Canadian and Mexican legal language may appear equivalent but carry different legal consequences.
Learn more about her dual qualification in Mexico and Canada.
Before Retaining an Expert
- Complete a conflict check before sharing confidential documents
- Identify the precise issue of Mexican law
- Confirm the relevant Mexican federal or state jurisdiction
- Distinguish assumed facts from facts the expert is expected to address
- Identify the audience, required format, and procedural rules
- Allow sufficient time for research, drafting, translation review, and follow-up
Discuss potential expert evidence
Send the proceeding details, parties, proposed question, applicable deadline, and procedural requirements.