| Description |
1 online resource |
| Contents |
Financial Expert Witness Communication -- Contents -- Disclaimer -- Foreword -- Preface -- Acknowledgments -- PART I: DISPUTE RESOLUTION AND THE FINANCIAL EXPERT -- Chapter 1: Value of the Financial Expert in Litigation and Dispute Resolution -- Why Be a Financial Expert Witness? -- Value of the Financial Expert Witness under Federal Rules -- Professional Standards and Value -- Value Perceptions and the Financial Expert Witness -- The Financial Expert as Teacher -- The Seven Cs of Financial Expert Value -- Enhancing Value Using the Litigation Process -- Coming Up -- Notes -- Chapter 2: Roles Suited for the Financial Expert -- The "Big Three": Liability, Causation, and Damages -- Liability -- Causation -- Damages -- Financial Expert Assignments -- Roles for the Financial Expert -- Matters Suited for the Financial Expert -- Financial Expert Litigation Services -- Early Case Assessment and Complaint Drafting -- Discovery -- Motions -- Hearings -- Settlement -- Trial Preparation -- Trial -- Post-Trial -- Coming Up -- Notes -- Chapter 3: Retention of the Financial Expert -- Finding Financial Experts -- Referrals -- Relationships -- Prior Work -- Quid Pro Quo -- Research -- Subscription Services -- Retained Searches -- Publications, Training, Presentations, Speeches, and Instruction -- Advertising and Self-Promotion -- Prospective Client Due Diligence -- The CV -- The Interview (That Feels Like a Deposition) -- Professional References -- Research -- Pre-Engagement Communications -- Know Your Client -- Tainting -- Confidential Information -- Pre-Engagement Materials -- Selection of the Financial Expert Witness -- Highly Specialized -- General Expertise -- Practitioners as Testifiers -- Experienced Testifiers -- Known Commodities -- Coming Up -- Notes -- Chapter 4: Getting Started as a Financial Expert -- Getting Started -- Key Communications |
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Engagement Acceptance -- General Instructions -- Financial Expert Witness Special Instructions -- Special Considerations for Combined Consulting and Expert Witness Engagements -- Coming Up -- Notes -- Chapter 5: Civil Litigation and Dispute Resolution Processes -- Civil Litigation Actions and Proceedings -- Initial Dispute -- Complaint -- Answer -- Discovery -- Trial Preparation -- Motions, Briefings, Hearings, Rulings, and Orders -- Settlement -- Trial -- Post-Trial -- Alternative Dispute Resolution -- Coming Up -- Notes -- PART II: FINANCIAL EXPERT RULES, CASE PRECEDENT, AND ETHICS -- Chapter 6: Federal Rules of Evidence for the Financial Expert Witness -- Evidentiary Rules on Expert Witness Opinions and Testimony -- Scientific, Technical, or Other Specialized Knowledge -- Skills -- Knowledge -- Education -- Experience -- Training -- Certifications, Designations, Awards, and Citations -- Challenges to Financial Expert Witness Qualifications -- Sufficient Facts and Data -- Reliable Principles and Methods Applied Reliably to Case -- Bases for Opinions -- Opinion on Ultimate Issue -- Coming Up -- Notes -- Chapter 7: Federal Rules of Civil Procedure for the Financial Expert Witness -- Procedural Rules on Expert Witness Reporting and Testimony -- All Opinions and the Bases and Reasons for Them -- Facts or Data Considered -- Exhibits to Summarize or Support Opinions -- What Is an Exhibit? -- Qualifications -- Coming Up -- Note -- Chapter 8: Basic Litigation Knowledge for the Financial Expert Witness -- Laws and Rules -- Relevant Case Law -- The Impact of Daubert and Kumho on Financial Expert Testimony -- Financial Expert Witness Immunity -- Legal Precedent -- Reasonable Certainty -- Wrongdoer Rule -- The Book of Wisdom -- Orders -- Protective Orders -- Scheduling Orders -- Restraining Orders -- Orders to Compel -- Court Rules and Policies |
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Privileged Communications -- Professional Standards -- Coming Up -- Notes -- Chapter 9: Professional Ethics Considerations -- Professional Ethics -- Conflicts of Interest -- Objectivity -- Confidentiality -- Integrity -- Fees -- Ethical Considerations for the Financial Expert Witness -- Discovery -- Trial Preparation -- Trial -- False Testimony -- Prohibited Testimony -- Communications -- Coming Up -- PART III: FINANCIAL EXPERT WITNESS REPORTS AND TESTIMONY -- Chapter 10: Preparing the Financial Expert Witness Report -- Federal Rules on Financial Expert Witness Disclosure -- A PRACTICAL Way to Prepare a Financial Expert Report -- Persuasive -- Relevant -- Accurate -- Complete -- Timely -- Impartial -- Clear -- Appropriate (Opinions) -- Lucid -- Organization of the Financial Expert Witness Written Report -- Writing the Financial Expert Witness Report -- Authorship of the Financial Expert Witness Report -- Statements to Avoid -- Caveats to Consider -- Supervised Staff -- Use of Report and Opinions -- Ongoing Discovery -- Confidential Information -- Missing or Incomplete Facts and Data -- Basics for Writing in Plain English -- Exhibits -- Quality Control for Financial Expert Witness Reports -- Coming Up -- Notes -- Chapter 11: Rebutting the Financial Expert Witness Report -- The Financial Expert Rebuttal -- Steps for an Effective Rebuttal -- Qualifications -- Improper Legal Remedies -- Improper Legal Conclusions -- Principles and Methods -- Facts, Data, and Assumptions -- Clerical Accuracy -- Common Sense Test -- Case Study: Exclusion of the Financial Expert Witness -- Risks of Having Only Rebuttal Opinions -- Coming Up -- Notes -- Chapter 12: Discovery Using Deposition -- What Is a Deposition? -- Federal Rules for Deposition -- Deposition Objectives -- Client Legal Counsel -- Deposing Legal Counsel -- Financial Expert Witness -- Coming Up |
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Chapter 13: Financial Expert Witness Deposition Preparation -- Preparation for Deposition -- Basic Preparation Steps -- Repeatable Work Flow Process -- Expected Deposition Questions -- Opinions -- Relevance -- Qualifications -- Credibility -- Fossilize the Positions and Opinions -- Facts, Data, and Assumptions -- Discover New Information -- Business Arrangement Inquiries -- Assignment Inquiries -- Size Up the Financial Expert Witness -- Opposing Expert -- Confer with Client Legal Counsel -- Logistics -- Intelligence Sharing -- Deposition Formalities -- Objections -- Practical Tips and Advice -- Role-Playing -- Leading Up to Deposition -- Coming Up -- Chapter 14: Financial Expert Witness Deposition Testimony -- Deposition Testimony -- Mental State and Behavior -- Attire -- Nonverbal Communication -- Intonation and Pauses -- Response Methods -- Best Answers to Deposition Questions -- Key Parties, Events, and Dates to Know -- Handling Common Deposition Questions -- Responses to Avoid -- Handling Objections -- Instructions from the Client's Attorney -- Off-the-Record Discussions -- Use of Files and Notes in Deposition -- Responding to Deposing Counsel Behavior -- Closing Questions -- Post-Deposition Activities -- Coming Up -- Notes -- Chapter 15: The Financial Expert Witness and Motions and Hearings -- Motions -- Injunction -- Quash -- Compelling Production -- In Limine -- Dismissal -- Summary Judgment -- Hearings -- Hearing Preparation -- Hearing Participation -- Coming Up -- Notes -- Chapter 16: Financial Expert Witness Trial Testimony -- Types of Trials -- Bench -- Jury -- Components of Trial Examination -- Preparation for Trial Testimony -- Trial Logistics -- Role-Play -- Jury Communications -- Objections -- Commonplace Objections in Trial -- Last-Minute Preparation -- Coming Up -- Notes -- Chapter 17: Financial Expert Witness Direct Examination |
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Direct Examination -- Objectives of Direct Examination -- Components of Direct Examination -- Direct Examination Outline -- Trial Demonstratives -- Preemptive Cross-Examination -- Use of the Expert Report in Trial -- Redirect Examination -- Rebuttal Testimony -- Coming Up -- Notes -- Chapter 18: Financial Expert Witness Cross-Examination -- Cross-Examination -- Objectives of Cross-Examination -- Opposing Attorney -- Client Attorney -- Financial Expert Witness -- Cross-Examination Techniques -- Constructive -- Destructive -- Ten Commandments of Cross-Examination -- Surviving Cross-Examination -- Demeanor -- Be Reasonable and Professional -- Never Lose Sight of Redirect Examination -- Answering "Yes" or "No" Questions -- Avoid Smart-Aleck Answers -- Re-Cross-Examination -- Coming Up -- Notes -- PART IV: ALTERNATIVE DISPUTE RESOLUTION -- Chapter 19: Alternative Dispute Resolution: Mediation -- Mediation Process -- Financial Expert Participation in Mediation -- Mediation Activities -- Parties in Attendance -- Introductions -- Opening Remarks -- Opening Positions -- Private Meetings -- Exchange of Offers and Counteroffers -- Agreement or Termination -- Continuing Dialogue -- Coming Up -- Notes -- Chapter 20: Alternative Dispute Resolution: Arbitration -- The Arbitration Process -- Structure of Arbitration -- Arbitration Activities -- Notice of Demand for Arbitration -- Identification, Selection, and Retention of Arbitrator or Panel -- Agreement on Arbitration Administrative Protocols -- Demand for Arbitration -- Response to Demand for Arbitration -- Discovery -- Pre-Arbitration Hearing Conferences and Sessions -- Pre-Arbitration Hearing Preparation -- Arbitration Hearing -- Post-Arbitration Memoranda and Consideration Period -- Arbitration Award Notification -- Financial Expert Participation in Arbitration -- Financial Expert Consultant |
| Summary |
"The book provides practical guidance on financial forensic expert witnessing for reporting and testimony required in litigation from the standpoint of the expert witness. The focus is on accounting, financial forensics, forensic technology and damages experts who expect to be formally designated as an expert witness. Chapters written by nationally recognized experts include litigation and dispute resolution process, roles for the financial expert witness, retention, responsibilities of the expert witness, privilege, ethics, opinions, litigation reporting, testimony, ADR reporting communicating, the internet, and social media and the financial expert witness"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Machine generated contents note: Disclaimer Foreword Preface Acknowledgments Part One: Dispute Resolution and the Financial Expert Chapter 1 Value of the Financial Expert in Litigation and Dispute Resolution Why Be a Financial Expert Witness? Value of the Financial Expert Witness under Federal Rules Enhancing Value Using the Litigation Process Coming Up Notes Chapter 2 Roles Suited for the Financial Expert The "Big 3": Liability, Causation and Damages Financial Expert Assignments Roles for the Financial Expert Matters Suited for the Financial Expert Financial Expert Litigation Services Coming Up Notes Chapter 3 Retention of the Financial Expert Finding Financial Experts Prospective Client Due Diligence Pre-Engagement Communications Selection of the Financial Expert Witness Coming Up Notes Chapter 4 Getting Started As a Financial Expert Getting Started Coming Up Notes Chapter 5 Civil Litigation and Dispute Resolution Processes Civil Litigation Actions and Proceedings Alternate Dispute Resolution Coming Up Notes Part Two: Financial Expert Rules, Case Precedent, and Ethics Chapter 6 Federal Rules of Evidence for the Financial Expert Witness Evidentiary Rules on Expert Witness Opinions and Testimony Scientific, Technical, or Other Specialized Knowledge Coming Up Notes Chapter 7 Federal Rules of Civil Procedure for the Financial Expert Witness Procedural Rules on Expert Witness Reporting and Testimony Coming Up Notes Chapter 8 Basic Litigation Knowledge for the Financial Expert Witness Laws and Rules Legal Precedent Orders Court Rules and Policies Privileged Communications Professional Standards Coming Up Notes Chapter 9 Professional Ethics Considerations Professional Ethics Ethical Considerations for the Financial Expert Witness Trial Coming Up Part Three: Financial Expert Witness Reports and Testimony Chapter 10 Preparing the Financial Expert Witness Report Federal Rules on Financial Expert Witness Disclosure A P.R.A.C.T.I.C.A.L. Way to Prepare a Financial Expert Report Organization of the Financial Expert Witness Written Report Writing the Financial Expert Witness Report Caveats to Consider Exhibits Quality Control for Financial Expert Witness Reports Coming Up Notes Chapter 11 Rebutting the Financial Expert Witness Report The Financial Expert Rebuttal Steps for an Effective Rebuttal Case Study: Exclusion of the Financial Expert Witness Risks of Having Only Rebuttal Opinions Coming Up Notes Chapter 12 Discovery Using Deposition What is a Deposition? Deposition Objectives Coming Up Chapter 13 Financial Expert Witness Deposition Preparation Preparation for Deposition Expected Deposition Questions Confer with Client Legal Counsel Leading Up to Deposition Coming Up Chapter 14 Financial Expert Witness Deposition Testimony Deposition Testimony Post-Deposition Activities Coming Up Notes Chapter 15 The Financial Expert Witness and Motions and Hearings Motions Hearings Coming Up Notes Chapter 16 Financial Expert Witness Trial Testimony Types of Trials Components of Trial Examination Preparation for Trial Testimony Objections Coming Up Notes Chapter 17 Financial Expert Witness Direct Examination Direct Examination Direct Examination Outline Trial Demonstratives Preemptive Cross-Examination Use of the Expert Report in Trial Redirect Examination Rebuttal Testimony Coming Up Notes Chapter 18 Financial Expert Witness Cross-examination Cross-examination Objectives of Cross-examination Cross-examination Techniques Ten Commandments of Cross-examination Surviving Cross-examination Recross-examination Coming Up Notes Part Four: Alternative Dispute Resolution Chapter 19 Alternative Dispute Resolution: Mediation Mediation Process Financial Expert Participation in Mediation Mediation Activities Coming Up Notes Chapter 20 Alternative Dispute Resolution: Arbitration The Arbitration Process Structure of Arbitration Arbitration Activities Financial Expert Participation in Arbitration Coming Up Notes Chapter 21 Alternative Dispute Resolution: Neutral Accounting Arbitration Neutral Accounting Arbitration Neutral Accounting Arbitration Process In Closing About the Website About the Author Bibliography and Suggested References Index |
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Print version record and CIP data provided by publisher |
| Subject |
Forensic accounting -- United States
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Evidence, Expert -- United States
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BUSINESS & ECONOMICS -- Accounting -- General.
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Evidence, Expert.
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Forensic accounting.
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United States.
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| Form |
Electronic book
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| LC no. |
2014010608 |
| ISBN |
9781118753859 |
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1118753852 |
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9781118753835 |
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1118753836 |
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9781118911778 oBook) |
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1118911776 |
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1118753550 |
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9781118753552 |
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9781118911778 |
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