Learn what to expect--and what's expected--as an expert witnessServing 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.

Disclaimer xiiiForeword xvPreface xixAcknowledgments xxiiiPART I: DISPUTE RESOLUTION AND THE FINANCIAL EXPERTChapter 1: Value of the Financial Expert in Litigation and Dispute Resolution 3Why Be a Financial Expert Witness? 3Value of the Financial Expert Witness under Federal Rules 4Enhancing Value Using the Litigation Process 13Coming Up 14Notes 14Chapter 2: Roles Suited for the Financial Expert 17The "Big Three": Liability, Causation, and Damages 17Financial Expert Assignments 19Roles for the Financial Expert 20Matters Suited for the Financial Expert 21Financial Expert Litigation Services 22Coming Up 27Notes 27Chapter 3: Retention of the Financial Expert 29Finding Financial Experts 29Prospective Client Due Diligence 35Pre-Engagement Communications 39Selection of the Financial Expert Witness 42Coming Up 44Notes 44Chapter 4: Getting Started as a Financial Expert 45Getting Started 45Coming Up 61Notes 61Chapter 5: Civil Litigation and Dispute Resolution Processes 63Civil Litigation Actions and Proceedings 63Alternative Dispute Resolution 71Coming Up 72Notes 72PART II: FINANCIAL EXPERT RULES, CASE PRECEDENT, AND ETHICSChapter 6: Federal Rules of Evidence for the Financial Expert Witness 77Evidentiary Rules on Expert Witness Opinions and Testimony 77Scientific, Technical, or Other Specialized Knowledge 79Coming Up 94Notes 94Chapter 7: Federal Rules of Civil Procedure for the Financial Expert Witness 97Procedural Rules on Expert Witness Reporting and Testimony 97Coming Up 105Note 105Chapter 8: Basic Litigation Knowledge for the Financial Expert Witness 107Laws and Rules 107Legal Precedent 113Orders 117Court Rules and Policies 121Privileged Communications 121Professional Standards 122Coming Up 122Notes 122Chapter 9: Professional Ethics Considerations 125Professional Ethics 125Ethical Considerations for the Financial Expert Witness 130Trial 133Coming Up 136PART III: FINANCIAL EXPERT WITNESS REPORTS AND TESTIMONYChapter 10: Preparing the Financial Expert Witness Report 139Federal Rules on Financial Expert Witness Disclosure 139A PRACTICAL Way to Prepare a Financial Expert Report 140Organization of the Financial Expert Witness Written Report 143Writing the Financial Expert Witness Report 145Caveats to Consider 149Exhibits 153Quality Control for Financial Expert Witness Reports 154Coming Up 156Notes 156Chapter 11: Rebutting the Financial Expert Witness Report 157The Financial Expert Rebuttal 157Steps for an Effective Rebuttal 157Case Study: Exclusion of the Financial Expert Witness 171Risks of Having Only Rebuttal Opinions 174Coming Up 174Notes 174Chapter 12: Discovery Using Deposition 177What Is a Deposition? 177Deposition Objectives 185Coming Up 187Chapter 13: Financial Expert Witness Deposition Preparation 189Preparation for Deposition 189Expected Deposition Questions 192Confer with Client Legal Counsel 200Leading Up to Deposition 203Coming Up 204Chapter 14: Financial Expert Witness Deposition Testimony 205Deposition Testimony 205Post-Deposition Activities 225Coming Up 227Notes 227Chapter 15: The Financial Expert Witness and Motions and Hearings 229Motions 229Hearings 235Coming Up 236Notes 236Chapter 16: Financial Expert Witness Trial Testimony 237Types of Trials 237Components of Trial Examination 238Preparation for Trial Testimony 239Objections 248Coming Up 250Notes 250Chapter 17: Financial Expert Witness Direct Examination 253Direct Examination 253Direct Examination Outline 258Trial Demonstratives 259Preemptive Cross-Examination 260Use of the Expert Report in Trial 261Redirect Examination 261Rebuttal Testimony 262Coming Up 262Notes 262Chapter 18: Financial Expert Witness Cross-Examination 263Cross-Examination 263Objectives of Cross-Examination 264Cross-Examination Techniques 268Ten Commandments of Cross-Examination 272Surviving Cross-Examination 274Re-Cross-Examination 277Coming Up 277Notes 278PART IV: ALTERNATIVE DISPUTE RESOLUTIONChapter 19: Alternative Dispute Resolution: Mediation 281Mediation Process 281Financial Expert Participation in Mediation 282Mediation Activities 284Coming Up 288Notes 289Chapter 20: Alternative Dispute Resolution: Arbitration 291The Arbitration Process 291Structure of Arbitration 292Arbitration Activities 293Financial Expert Participation in Arbitration 300Coming Up 301Chapter 21: Alternative Dispute Resolution: Neutral Accounting Arbitration 303Neutral Accounting Arbitration 303Neutral Accounting Arbitration Process 304In Closing 312Bibliography and Suggested Reading 313About the Author 317About the Website 319Index 321