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

Book Description

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.

Table of Contents

  1. Disclaimer
  2. Foreword
  3. Preface
    1. PART I
    2. PART II
    3. PART III
    4. PART IV
    5. WHAT IS YOUR STORY?
  4. Acknowledgments
  5. PART I DISPUTE RESOLUTION AND THE FINANCIAL EXPERT
    1. Chapter 1 Value of the Financial Expert in Litigation and Dispute Resolution
      1. Why Be a Financial Expert Witness?
      2. Value of the Financial Expert Witness under Federal Rules
      3. Enhancing Value Using the Litigation Process
      4. Coming Up
      5. Notes
    2. Chapter 2 Roles Suited for the Financial Expert
      1. The “Big Three”: Liability, Causation, and Damages
      2. Financial Expert Assignments
      3. Roles for the Financial Expert
      4. Matters Suited for the Financial Expert
      5. Financial Expert Litigation Services
      6. Coming Up
      7. Notes
    3. Chapter 3 Retention of the Financial Expert
      1. Finding Financial Experts
      2. Prospective Client Due Diligence
      3. Pre-Engagement Communications
      4. Selection of the Financial Expert Witness
      5. Coming Up
      6. Notes
    4. Chapter 4 Getting Started as a Financial Expert
      1. Getting Started
      2. Coming Up
      3. Notes
    5. Chapter 5 Civil Litigation and Dispute Resolution Processes
      1. Civil Litigation Actions and Proceedings
      2. Alternative Dispute Resolution
      3. Coming Up
      4. Notes
  6. PART II FINANCIAL EXPERT RULES, CASE PRECEDENT, AND ETHICS
    1. Chapter 6 Federal Rules of Evidence for the Financial Expert Witness
      1. Evidentiary Rules on Expert Witness Opinions and Testimony
      2. Scientific, Technical, or Other Specialized Knowledge
      3. Coming Up
      4. Notes
    2. Chapter 7 Federal Rules of Civil Procedure for the Financial Expert Witness
      1. Procedural Rules on Expert Witness Reporting and Testimony
      2. Coming Up
      3. Note
    3. Chapter 8 Basic Litigation Knowledge for the Financial Expert Witness
      1. Laws and Rules
      2. Legal Precedent
      3. Orders
      4. Court Rules and Policies
      5. Privileged Communications
      6. Professional Standards
      7. Coming Up
      8. Notes
    4. Chapter 9 Professional Ethics Considerations
      1. Professional Ethics
      2. Ethical Considerations for the Financial Expert Witness
      3. Trial
      4. Coming Up
  7. PART III FINANCIAL EXPERT WITNESS REPORTS AND TESTIMONY
    1. Chapter 10 Preparing the Financial Expert Witness Report
      1. Federal Rules on Financial Expert Witness Disclosure
      2. A PRACTICAL Way to Prepare a Financial Expert Report
      3. Organization of the Financial Expert Witness Written Report
      4. Writing the Financial Expert Witness Report
      5. Caveats to Consider
      6. Exhibits
      7. Quality Control for Financial Expert Witness Reports
      8. Coming Up
      9. Notes
    2. Chapter 11 Rebutting the Financial Expert Witness Report
      1. The Financial Expert Rebuttal
      2. Steps for an Effective Rebuttal
      3. Case Study: Exclusion of the Financial Expert Witness
      4. Risks of Having Only Rebuttal Opinions
      5. Coming Up
      6. Notes
    3. Chapter 12 Discovery Using Deposition
      1. What Is a Deposition?
      2. Deposition Objectives
      3. Coming Up
    4. Chapter 13 Financial Expert Witness Deposition Preparation
      1. Preparation for Deposition
      2. Expected Deposition Questions
      3. Confer with Client Legal Counsel
      4. Leading Up to Deposition
      5. Coming Up
    5. Chapter 14 Financial Expert Witness Deposition Testimony
      1. Deposition Testimony
      2. Post-Deposition Activities
      3. Coming Up
      4. Notes
    6. Chapter 15 The Financial Expert Witness and Motions and Hearings
      1. Motions
      2. Hearings
      3. Coming Up
      4. Notes
    7. Chapter 16 Financial Expert Witness Trial Testimony
      1. Types of Trials
      2. Components of Trial Examination
      3. Preparation for Trial Testimony
      4. Objections
      5. Coming Up
      6. Notes
    8. Chapter 17 Financial Expert Witness Direct Examination
      1. Direct Examination
      2. Direct Examination Outline
      3. Trial Demonstratives
      4. Preemptive Cross-Examination
      5. Use of the Expert Report in Trial
      6. Redirect Examination
      7. Rebuttal Testimony
      8. Coming Up
      9. Notes
    9. Chapter 18 Financial Expert Witness Cross-Examination
      1. Cross-Examination
      2. Objectives of Cross-Examination
      3. Cross-Examination Techniques
      4. Ten Commandments of Cross-Examination
      5. Surviving Cross-Examination
      6. Re-Cross-Examination
      7. Coming Up
      8. Notes
  8. PART IV ALTERNATIVE DISPUTE RESOLUTION
    1. Chapter 19 Alternative Dispute Resolution: Mediation
      1. Mediation Process
      2. Financial Expert Participation in Mediation
      3. Mediation Activities
      4. Coming Up
      5. Notes
    2. Chapter 20 Alternative Dispute Resolution: Arbitration
      1. The Arbitration Process
      2. Structure of Arbitration
      3. Arbitration Activities
      4. Financial Expert Participation in Arbitration
      5. Coming Up
    3. Chapter 21 Alternative Dispute Resolution: Neutral Accounting Arbitration
      1. Neutral Accounting Arbitration
      2. Neutral Accounting Arbitration Process
      3. In Closing
  9. Bibliography and Suggested Reading
  10. About the Author
  11. About the Website
  12. Index
  13. End User License Agreement