Pearls Clutched and Loaded

Have you ever read an opposing expert’s rebuttal of your expert report that left you clutching your pearls the rest of the day? With over 2,000 cases under my belt, I have had some true works of fiction written about me and still can be found clutching my proverbial pearls from time to time. This ninth article of the Unimpeachable Neutrality series discusses how to quell the no good, naysaying, disingenuous opposing expert rebuttal report.

The Unimpeachable Rebuttal: Pearls Clutched and Loaded

Have you ever read an opposing expert’s rebuttal of your expert report that left you clutching your pearls the rest of the day? With over 2,000 cases under my belt, I have had some true works of fiction written about me and still can be found clutching my proverbial pearls from time to time. This ninth article of the Unimpeachable Neutrality series discusses how to quell the no good, naysaying, disingenuous opposing expert report.

Disingenuous Dissertation

Whether an expert report is written, oral, or a hybrid of both, the form of any report should be appropriate for the engagement, its purpose, its findings, and the needs of the decision-makers who receive and rely upon it. So, what happens when the needs of the decision-maker (opposing counsel) are an expert report that simply attacks the opposing expert’s credibility? What do you do when the sole purpose of the opposing experts report is to muddy the water of truth with lies, fibs, treachery, and deceit?

Psychopathic Soliloquy

Like dealing with a psychopathic partner, the best way to counteract the psychopathic soliloquy of an opposing expert is to call out the precise bad behavior they are exhibiting. I have identified a handful of rebuttal techniques encountered in my career and provided some helpful pointers on how to mitigate the damage intended.

When an opposing expert finds himself or herself trying to rebut an unimpeachably neutral expert report, full of conservative assumptions, reliably applied methodologies, or broadly adopted approaches, it is not uncommon for the rebuttal report to take on a more disingenuous tone. Such foley is disingenuous at best but can be extremely effective if not taken head on. While it is easy to simply respond back with an equally as nasty, disrespectful, or deceitful rebuttal report, there is no better time to exercise your unimpeachably neutral muscle.


C. Zachary Meyers, CPA, CVA, who has been retained in over 2,000 engagements since 2011. Mr. Meyers has provided expert testimony and been qualified in Federal District Courts, Circuit Courts, Family Law Courts, and the West Virginia Human Rights Commission as an expert in business valuation, forensic accounting, pension valuation, and taxation. Mr. Meyers was elected to the National Association of Certified Valuators and Analysts (NACVA) Standards Board in 2016, appointed Vice-Chair in 2017, elected Chair in 2018, and re-elected as Chair in 2019, which promulgates professional standards for financial professionals, analysts, and experts. Mr. Meyers was appointed to the Global Association of Certified Valuators and Analysts (GACVA) Advisory Council in 2020, which liaises with NACVA’s international chapters in Africa, Canada, Europe, India, Taiwan, and Southeast Asia. In 2021, Mr. Meyers was elected to the Business Valuation Resource Panel of The Appraisal Foundation (TAF), whose purpose is preserving and improving the public trust in valuation.

Mr. Meyers can be contacted at: (304) 690-2619 or by e-mail to: czmcpacva@CZMeyers.com

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