Financial expert witness communication : a practical guide to reporting and testimony

Content: 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