Chapter 8

Question 1

What is the difference between civil and criminal case

Answer 1

civil - sue for money damages, not act in some way

criminal - prosecutor brings action for a crime

Question 2

What are the six phases of litigation

P D P T O A

Answer 2

pleading 
discovery
pre trial conference
trial 
outcome
possible appeal

Question 3

When does much of the forensic accounting work happen

Answer 3

discovery phase

Question 4

What is the role of the forensic accountant

Answer 4

help the attorney avoid trial the cost and the uncertainty

Question 5

How can you get something heard in a federal court

Answer 5

must be greater than $75,000

Question 6

What are the type of litigation services provided by accountants

Answer 6

consultant
expert witness
master and special masters

Question 7

what do you do as a consultant

Answer 7

• gather and interpret facts

- prepare analysis

Question 8

if you are a consultant can you be asked to testify

Answer 8

no - you and your work are protected by work product privilege

Question 9

expert witness

Answer 9

give your opinion
shareholder disputes
valuation controversies
commercial damages claims

Question 10

What is a master special master

Answer 10

appointed by the court as the courts representative

Question 11

What are standards of conduct for performing litigation services

Answer 11

• adhere to the code of conduct
• make sure you do not have a conflict of interest
• make sure you have a written agreement with the attorney

Question 12

Difference between a fact (lay person) and expert witness

Answer 12

fact - testify to a fact

expert - have specialized knowledge to help court understand specific knowledge.

Question 13

independence and expert witnesses

Answer 13

You may be an advocate for client, but must appear independence

Question 14

What are the 6 types of pleasing s

C S A D C

Answer 14

compliant
service of process
answer
demurrer
cross complaint

Question 15

What are the types of pleadings

C S A D C

Answer 15

Complaint -
Service of process - served on defendant
Answer - defendant must admit or deny allegations
demurrer - no cause of action exists
possible cross complaint - defendant files

Question 16

What is demurrer

Answer 16

type of pleading - no cause of action exists

Question 17

what is service of process

Answer 17

types of pleading - served on defendant

Question 18

what should be included in the writing agreement

Answer 18

• name of attorney
• litigants names and place of legal proceedings
• the nature of services to be performed
• if you will be asked to testify as an expert witness
• what restrictions are imposed
• any conflicts of interest
• will your work be covered by work/client privilege
• when will you terminate the engagement
• FEE

Question 19

What is the rule with working paper and expert witnesses

Answer 19

There is no work product rule for an expert witness. they are disclosed to both sides during discovery.

Question 20

What is the most common form of lawsuit against an expert witness

Answer 20

breach of contract for not performing services