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Financial expert witness communication a practical guide to reporting and testimony

"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 designat...

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Bibliographic Details
Main Author: Preber, Bradley J.
Format: eBook
Language:English
Published: Hoboken, New Jersey John Wiley & Sons 2014
Subjects:
Forensic Accounting / Fast
United States / Fast / Https://id.oclc.org/worldcat/entity/e39pbjtxgqxmwqmjmjjwxrhgrq
Forensic Accounting / United States
Evidence, Expert / United States
Evidence, Expert / Fast
Juricomptabilité / États-unis
Business & Economics / Accounting / General / Bisacsh
Expertises / États-unis
Online Access:
Collection: O'Reilly - Collection details see MPG.ReNa
Table of Contents:
  • 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
  • Includes bibliographical references and index
  • 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
  • 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
  • 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
  • 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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