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 with Client Legal Counsel 200
Leading Up to Deposition 203
Coming Up 204
Chapter 14: Financial Expert Witness Deposition Testimony 205
Deposition Testimony 205
Post-Deposition Activities 225
Coming Up 227
Notes 227
Chapter 15: The Financial Expert Witness and Motions and Hearings 229
Motions 229
Hearings 235
Coming Up 236
Notes 236
Chapter 16: Financial Expert Witness Trial Testimony 237
Types of Trials 237
Components of Trial Examination 238
Preparation for Trial Testimony 239
Objections 248
Coming Up 250
Notes 250
Chapter 17: Financial Expert Witness Direct Examination 253
Direct Examination 253
Direct Examination Outline 258
Trial Demonstratives 259
Preemptive Cross-Examination 260
Use of the Expert Report in Trial 261
Redirect Examination 261
Rebuttal Testimony 262
Coming Up 262
Notes 262
Chapter 18: Financial Expert Witness Cross-Examination 263
Cross-Examination 263
Objectives of Cross-Examination 264
Cross-Examination Techniques 268
Ten Commandments of Cross-Examination 272
Surviving Cross-Examination 274
Re-Cross-Examination 277
Coming Up 277
Notes 278
PART IV: ALTERNATIVE DISPUTE RESOLUTION
Chapter 19: Alternative Dispute Resolution: Mediation 281
Mediation Process 281
Financial Expert Participation in Mediation 282
Mediation Activities 284
Coming Up 288
Notes 289
Chapter 20: Alternative Dispute Resolution: Arbitration 291
The Arbitration Process 291
Structure of Arbitration 292
Arbitration Activities 293
Financial Expert Participation in Arbitration 300
Coming Up 301
Chapter 21: Alternative Dispute Resolution: Neutral Accounting Arbitration 303
Neutral Accounting Arbitration 303
Neutral Accounting Arbitration Process 304
In Closing 312
Bibliography and Suggested Reading 313
About the Author 317
About the Website 319
Index 321
