Are My Draft Reports and Notes Discoverable? The purpose of this article is to explain the author’s understanding of certain issues impacting the discoverability of documents of forensic accounting, economic damages, and business valuation expert witnesses. This article is not intended to provide legal opinions, advice, or conclusions. It merely reflects the author’s current understanding of certain legal issues relating to certain aspects of expert witness reports, e-mails, and notes. Experts should consult with retaining counsel regarding specific engagement rules. Introduction The purpose of this article is to explain the author’s understanding of certain issues impacting the discoverability of documents…
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Tell-tale Signs that the Engagement is Risky This article describes, using a purely hypothetical scenario, some of the considerations that an economic damages expert should be aware of during initial telephone calls with a prospective retaining counsel—in order for a lost earnings engagement to proceed effectively and efficiently—and to control engagement risk.
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Getting ready for your day in court Part 1 of Preparing for Expert Witness Testimony was published in QuickRead in August 2013. The article dealt primarily with the importance of effective engagement letters and information gathering in the expert witness preparation process. It would behoove readers to revisit Part 1 to receive the full value of the expert witness process.
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Understand the Critical Distinction Between a “Testifying Expert” and a “Consulting Expert.” Brad Eldridge and Rebekah Smith explain how the requirements for a “testifying expert” in litigation work vary considerably from those for a “consulting expert.” Learn more about this distinction and find out how consultants can develop a checklist of best practices for courtroom preparation.