Daubert Challenges of Expert Witnesses
Daubert challenges are used by opposing counsel to limit or exclude the testimony of expert witnesses at trial. In this video, Tracy Coenen discusses how she deals with Daubert challenges in her work.
Category: Expert Witness
Consulting Or Testifying In Divorce Cases
A financial professional can fill two distinct roles in family law cases. He or she can be a consultant who provides analysis and opinions privately to the attorney and client. The consulting expert’s work and conclusions are not intended to be presented in court, and are intended to be of …
The Attorney Can’t Write the Expert Report
I never thought this was something we’d have to tell an expert witness: The attorney who retained you to provide your expert opinion can’t write your report for you. Attorneys often want to have input on the the expert’s report. Whether it’s correcting typos, making clarifications, or suggesting additional items …
The Difference Between a Consulting Expert and a Testifying Expert
An expert witness can provide services in litigation as either a consultant or a testifying expert. Tracy explains the difference, and talks about being very careful as a consultant, in the event that you are later required to provide testimony.
Using Fixed Fees in Forensic Accounting Engagements
Nearly all of my work is done under fixed fee arrangements. My client and I determine the scope of a project (what documents will be used, what analysis will be done, what time period is covered, etc.) and I quote them a fixed fee for my analysis and expert report. …
Working With an Expert Witness
A competent expert witness is vital to cases involving economic damages and other financial calculations. However, the expert must be much more than just a mathematician, market analyst, economic guru or forensic accountant. The job of the expert is far from over once the facts are analyzed and the calculations …
Using Estimates to Calculate Damages
Tracy talks about how experts use estimates when they calculate economic damages. Are you speculating or guessing? Or do you have a reasonable basis for your numbers?
Making Mistakes With Expert Witnesses
There is little doubt that litigation can be stressful for clients and attorneys alike. With filings, briefs, and deadlines, the litigator has little time to worry about whether her or his expert witness is getting the job done. The attorney usually has one shot for the expert to get the …
Testifying in Court as an Expert Witness
While waiting in the hallway outside the courtroom to testify as an expert witness, I thought of all the ways my testimony could go wrong. I had hours to contemplate opposing counsel’s questions for me. It was my first time testifying, and I didn’t want to blow it. But I …
CPAs Doing Litigation Support
CPAs doing traditional tax and auditing services are often looking for other streams of revenue to fill in the gaps outside of busy season. Litigation support work might be a great fit for them. Attorneys are always looking for expert witnesses with certain areas of expertise, and accountants doing general …