Financial Expert Witness Communication - A Practical Guide to Reporting and Testimony

Learn what to expect--and what's expected--as an expert witness
 
Serving as a financial expert witness or consultant in lawsuits is a stressful, challenging, and tough business. In Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony, financial forensic expert Bradley J. Preber leverages more than 30 years of experience to create a practical guide for financial expert witnesses as they face litigation reporting and testimony.
 
Financial Expert Witness Communication covers all areas of financial litigation including accounting, financial forensics, forensic technology, and damages--all from the point of view of an expert witness. The book is especially helpful for those who expect to be formally designated as an expert witness; however, it is also appropriate for financial forensic accountants, litigation consultants, and attorneys as they navigate the unique playing field of the financial litigation process.
 
This book gives financial experts strategies to defend the analysis, conclusions, and expert opinions they have at their disposal. It also provides thorough explanations of compliance, data limitations, and due diligence as well as how to handle demanding legal counsel, with a goal of better preparing them for the entire legal process.
 
The book is part of the Wiley Corporate F&A Series and was created as an educational resource for nonattorney financial experts involved with U.S.-based civil litigation or alternative dispute resolution proceedings. It takes a well-rounded approach by including special chapters on such concepts as retention, privilege, responsibilities, ethics, and testimony, all written by a nationally recognized expert. As a bonus, the companion website presents an additional expert witness case study and guidelines for fulfilling an expert witness role.

List of contents

Disclaimer xiii
 
Foreword xv
 
Preface xix
 
Acknowledgments xxiii
 
PART I: DISPUTE RESOLUTION AND THE FINANCIAL EXPERT
 
Chapter 1: Value of the Financial Expert in Litigation and Dispute Resolution 3
 
Why Be a Financial Expert Witness? 3
 
Value of the Financial Expert Witness under Federal Rules 4
 
Enhancing Value Using the Litigation Process 13
 
Coming Up 14
 
Notes 14
 
Chapter 2: Roles Suited for the Financial Expert 17
 
The "Big Three": Liability, Causation, and Damages 17
 
Financial Expert Assignments 19
 
Roles for the Financial Expert 20
 
Matters Suited for the Financial Expert 21
 
Financial Expert Litigation Services 22
 
Coming Up 27
 
Notes 27
 
Chapter 3: Retention of the Financial Expert 29
 
Finding Financial Experts 29
 
Prospective Client Due Diligence 35
 
Pre-Engagement Communications 39
 
Selection of the Financial Expert Witness 42
 
Coming Up 44
 
Notes 44
 
Chapter 4: Getting Started as a Financial Expert 45
 
Getting Started 45
 
Coming Up 61
 
Notes 61
 
Chapter 5: Civil Litigation and Dispute Resolution Processes 63
 
Civil Litigation Actions and Proceedings 63
 
Alternative Dispute Resolution 71
 
Coming Up 72
 
Notes 72
 
PART II: FINANCIAL EXPERT RULES, CASE PRECEDENT, AND ETHICS
 
Chapter 6: Federal Rules of Evidence for the Financial Expert Witness 77
 
Evidentiary Rules on Expert Witness Opinions and Testimony 77
 
Scientific, Technical, or Other Specialized Knowledge 79
 
Coming Up 94
 
Notes 94
 
Chapter 7: Federal Rules of Civil Procedure for the Financial Expert Witness 97
 
Procedural Rules on Expert Witness Reporting and Testimony 97
 
Coming Up 105
 
Note 105
 
Chapter 8: Basic Litigation Knowledge for the Financial Expert Witness 107
 
Laws and Rules 107
 
Legal Precedent 113
 
Orders 117
 
Court Rules and Policies 121
 
Privileged Communications 121
 
Professional Standards 122
 
Coming Up 122
 
Notes 122
 
Chapter 9: Professional Ethics Considerations 125
 
Professional Ethics 125
 
Ethical Considerations for the Financial Expert Witness 130
 
Trial 133
 
Coming Up 136
 
PART III: FINANCIAL EXPERT WITNESS REPORTS AND TESTIMONY
 
Chapter 10: Preparing the Financial Expert Witness Report 139
 
Federal Rules on Financial Expert Witness Disclosure 139
 
A PRACTICAL Way to Prepare a Financial Expert Report 140
 
Organization of the Financial Expert Witness Written Report 143
 
Writing the Financial Expert Witness Report 145
 
Caveats to Consider 149
 
Exhibits 153
 
Quality Control for Financial Expert Witness Reports 154
 
Coming Up 156
 
Notes 156
 
Chapter 11: Rebutting the Financial Expert Witness Report 157
 
The Financial Expert Rebuttal 157
 
Steps for an Effective Rebuttal 157
 
Case Study: Exclusion of the Financial Expert Witness 171
 
Risks of Having Only Rebuttal Opinions 174
 
Coming Up 174
 
Notes 174
 
Chapter 12: Discovery Using Deposition 177
 
What Is a Deposition? 177
 
Deposition Objectives 185
 
Coming Up 187
 
Chapter 13: Financial Expert Witness Deposition Preparation 189
 
Preparation for Deposition 189
 
Expected Deposition Questions 192
 
Confer wit

About the author

BRADLEY J. PREBER is the CEO of Grant Thornton LLP, a $2 billion accounting firm with 8,500 professionals in the United States. His more than 30 years' experience in governance, risk management, operations and strategy spans diverse roles: consultant, expert witness, forensic accountant and fraud investigator.

Summary

Learn what to expect and what's expected as an expert witness Serving as a financial expert witness or consultant in lawsuits is a stressful, challenging, and tough business. In Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony, financial forensic expert Bradley J.

Product details

• Authors: Preber, Bj Preber, Brad Preber, Bradley J Preber, Bradley J. Preber, Preber Bradley J.
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 01.07.2014
• EAN: 9781118753552
• ISBN: 978-1-118-75355-2
• No. of pages: 352
• Series: Wiley Corporate F&A; Wiley Corporate F&A (Unnumbere; Wiley Corporate F&A; Wiley Corporate F&A (Unnumbere
• Subjects: Social sciences, law, business > Business > Business administration; Rechnungswesen, Bewertung, Accounting, Valuation