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Full Description
From opposing the local CPA to tackling the Big Five - Everything you need to know about accounting in the courtroom
With the recent boom in litigation and malpractice charges concerning tax, accounting, financial litigation, and fraud disputes, more and more accounting professionals are being hired as expert witnesses. Yet, few lawyers have a full understanding of what accountants can contribute to their cases. And few accountants are familiar enough with the legal system to recognize everything they have to offer as an expert witness. In turn, many relevant issues are missed and financial disputes are often settled with unfavorable outcomes.
Conceived and written in the trenches, Expert Witnessing in Forensic Accounting: A Handbook for Lawyers and Accountants candidly shows how to be successful in the courtroom through the hands-on experiences of both a certified public accountant and a trial attorney. Zeph Telpner and Michael Mostek guide you through the entire judicial process - revealing their own and others' mistakes and triumphs along the way and presenting guidelines for everything from choosing an accountant to analyzing the opposing expert's deposition.
The law of civil procedure, evidence, expert opinions, trial procedure, and the presentation of expert testimony are a mystery to many accountants and even some lawyers. This straightforward book pulls together all the essential information on the topic. Providing numerous case studies, annotated court documents, expert witness reports, and an actual trial transcript of an expert's testimony, Expert Witnessing in Forensic Accounting: A Handbook for Lawyers and Accountants helps you discover the relevant issues and facts needed to win the dispute.
LAWYERS:
Know how and when to choose and work with the right forensic accountant
Determine whether to hire your forensic accountant as a consultant or an expert witness
Decide how early to bring the accounting expert in on the case
Discover everything that forensic accountants can accomplish for you
Match the accounting expert with the job to be done
Help the accountant do a superior job in discovery
Use the forensic accountant to the greatest benefit
Ask the right questions during direct and cross-examination
Build a successful working relationship with the forensic accountant
ACCOUNTANTS:
Learn how to best advise lawyers during discovery and litigation
Discover the procedural and evidentiary rules that most often affect forensic accountant specialists
Know how to respond and what to expect while you're on the witness stand
Successfully rebut the opinions of the opposing expert accountant
Perform superior services in discovery, accounting guidance, and writing expert reports
Know how to write a job engagement letter and negotiate fees
See how an expert supported the valuation of a particular business in accordance with judicial requirements
Build a successful working relationship with the lawyer
Contents
Preface. The Forensic Accountant. The Accounting Expert Witness. The Expert's Job Engagement Letter. Where to Begin. How to Continue. Substance versus Form and the Nonfactual Fact. The Effect of the Attorney-Client Privilege and Work Product Doctrine. Research Sources for the Expert. The Expert's Written Report. The Expert's Testimony. Additional Work after the Trial.
