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Expert Witness

Testimony in Lawyer & Real Estate Broker Malpractice Cases

More than 30 years ago Lee Roth was one of two lawyers selected by the New Jersey State Bar Association to serve as expert witnesses in the case the Bar Association brought against a real estate broker who had written a home sale contract contrary to New Jersey law at the time.


Lee helped prepare the lawyers representing the Bar Association in the trial. And during a recess in the hearing, while waiting to testify, he actively participated in the settlement process that resulted in brokers being allowed to write contracts, on a restricted basis, for the sale of one to four family residences. They were allowed to do so only on condition that a specific Attorney Review clause was included giving buyers and sellers the opportunity to consult with a New Jersey attorney who could cancel the agreement at his or her client's request. 

That background, and his leadership and experience in the Real Property, Probate & Trust Law section of the State Bar Association, led to his being asked to help with a legal malpractice case brought by a bank against a lawyer who had missed a lien in a real estate financing case. The success of the lawyer he helped prepare, and the value to the case of his testimony in the trial led to further requests and assignments. 

He has evaluated cases for lawyers representing plaintiffs and defendants. Although he has turned down more cases than he has taken, because he did not think the position he was asked to take had merit, he continues to be in demand to serve as an expert advisor and witness. 

He has been a speaker as part of lectures and programs given by the New Jersey State Bar Association for its members on subjects such as Time of the Essence in Real Estate Contracts, Use of the Notice of Settlement (a procedure he helped establish) in Preparing for Closings, Attorney Review of Residential Real Estate Contracts, Common Interest Projects & Home Owner Associations. 

He has lectured for the Institute for Continuing Legal Education for their programs for lawyers on topics such as Nuts and Bolts of Residential Real Estate Transactions, Nuts and Bolts of Title Insurance, Radon in Real Estate Transactions, Resolving Disputes in Real Estate Transactions, Annual Real Estate Symposium, Negotiating Residential Real Estate Contracts, Effective & Ethical Attorney Advertising, Using the Apple Macintosh for Effective Small Firm Management, and Law Office Economics. 

He has also been a speaker on programs for the public presented by the New Jersey State Bar Foundation on the subject of Buying & Selling a Home. 

Lee has been the featured speaker for a meeting of the leadership of the New Jersey Realtors Association at their annual meeting. He has also been a featured speaker at an annual meeting of the New Jersey Title Insurance Association. 


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