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The Law Office of Stephen Nault

For Attorneys · Expert Witness & Consulting

When industry experience is needed for you to win your case.

Stephen Nault has over 20 years of real estate experience and is an active managing broker of a real estate firm as well as a Tennessee Real Estate Commission Course Instructor. This includes commercial and residential sales, investments, and property management. He has managed millions of square feet of office space, and at one point oversaw a leasing portfolio of over 120 commercial leases in 30+ countries. When experience matters you need an expert who has experience in both the field and in the courtroom. Expert services include case review, written reports, depositions and trial testimony.

Qualifications

Attorney

Tennessee Bar, 2018 · USDC Middle District of TN

Real Estate

TN Licensed Broker since 2012 · Managing Broker since 2021

Instructor

TREC Course Instructor License, 2020

Mediator

Rule 31 Listed Mediator

Hands-on

Leasing, property management, brokerage, and commercial real estate operations

Case Types

Where industry experience changes the analysis.

Matters where standard of care, custom, and practice are at issue — not just the black-letter law.

Standard of Care & Industry Custom

What a reasonably competent Tennessee broker, agent, or manager would have done under the same circumstances — and how TREC standards, commission rules, and published custom apply.

Commercial Leasing Disputes

LOI and lease interpretation, CAM reconciliations, exclusivity and co-tenancy, defaults, subordination, and tenant/landlord conduct during and after the transaction.

Brokerage & Agency Disputes

Agency formation, scope of representation, dual agency, designated agency, supervision of affiliates, and the commission/procuring-cause framework.

Disclosure & Misrepresentation

Seller's Property Disclosure, material defects, agent duty to investigate, and when industry practice required disclosure that was not made.

Property Management Operations

Trust accounting, escrow handling, habitability, vendor management, lease enforcement, and the line between managing and practicing.

TREC Licensing & Supervision

How complaints are evaluated, what supervising brokers should reasonably catch, and how training and written policy bear on licensee conduct.

Engagement

Retained at any stage.

From a confidential consulting role before designation through formal testimony at trial.

01

Pre-Litigation Consulting

Early case review before an expert is designated. Confidential assessment of whether industry custom or standard of care actually supports your theory.

02

Expert Designation & Reports

Rule 26 disclosures, written reports, and supporting exhibits prepared with the underlying record in mind and written to be cross-examined.

03

Deposition & Trial Testimony

Clear, non-theatrical testimony. Complex industry concepts explained to a judge or jury in plain language — without overreaching or editorializing.

04

Rebuttal & Second Opinions

Review of opposing expert reports. Identification of assumptions, overreach, and where industry practice does not match the opinion offered.

Stephen Nault presenting

Approach

Measured. Prepared. Plain-spoken.

An expert who overreaches hurts the case. The work here is grounded in the record, framed in language a jury can follow, and limited to what the industry actually supports.

Teaching TREC coursework and working day-to-day as a managing broker keeps the opinions current — not drawn from practice ten years ago.

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