1st Edition

Expert Witnessing in Forensic Accounting A Handbook for Lawyers and Accountants

By Zeph Telpner, Michael Mostek Copyright 2002
    360 Pages 20 B/W Illustrations
    by Routledge

    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

    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

    Biography

    Zeph Telpner, Michael Mostek

    "The book provides well-reasoned advice to teach the ins and outs of expert witnessing that is specifically oriented toward accounting. …this is a highly recommended read."
    - in Readers Preference Reviews