LITIGATION AIDES FOR THE CPA EXPERT WITNESS

Transcription

1 LITIGATION AIDES FOR THE CPA EXPERT WITNESS By C. P. "Salty" Schumann, C.P.A., C.V.A., C.F.F.A. C. P. Schumann & Co., P.C Hillcrest San Antonio, Texas (210) Office (210) Fax Address: [email protected] Copyright July 1, 2001

2 TABLE OF CONTENTS Introduction/Forward...12 Chapter 1 - Financial Experts Role...14 Chapter 2 - Professional Standards Applicable to Litigation Support Engagements Statement on Standards for Consulting Services (AICPA) LSMS (Update 52) Chapter 3 Management of the litigation Engagement Expert Consultants Work - Product Privilege Retaining and Compensating the Expert Conflicts Of Interest Privileged Communications Ethical Issues For CPA s Litigation Support/Expert Witness Engagement Letter Successful Litigation Support Practices Overview of Civil Litigation Process Common Contentions in Litigation Support Claims Against Accountants How Can You Assist Counsel Alternative Dispute Resolution The CPA's Role in Alternative Dispute Resolution Mattco Forge - Victory for Expert Witness Wintoll Associates vs. Jackson-Cross Co.- The Expert Who Should Have Just Went Fishing Expert Witness ( Idex - Expert Witness Research Legal Research Network (L.E.R.N.) Expert Witness Network Online Catalog ASFE

3 IRS Business Valuation Guidelines Round 1 & 2 Glossery Federal reserve Statistical Release H-15-Historical Data Journal of Forensic Accounting Financial Valuation Group Chapter 4 Rules of Civil Procedure Selected Federal Rules of Evidence Expertpages.com Federal Rules of Evidence What Is Required - Rule 26 Federal Reserve Statistical Release H-15- Historical Data Financial Valuation Group Journal of Forensic Accounting Chapter 5 - Qualification of the Expert (Daubert) Daubert Questions For the Expert Witness Extracts From William Daubert Et Ux vs Merrill Dow Federal Judicial Center Reference Manual on Scientific Evidence Second Edition, April 2000 Houston Law Review Kicking the Tires After Kumho Family Law Body of Knowledge Draft Outline AICPA Computation & Presentation of Economic Damages Task Force- Draft Outline by AICPA Evidentiary Problems Accountant Expert Witness Evidentiary Problems Financial Statements Chapter 6 - Elements of a Lost Profits Claim Step By Step Computation for Closely Held Business Components of a Lost Profits Analysis Legal Standards of Proof, Methods, Computations Issues, Selected Cases Methods of Proof of Lost Profits Damages by Comparison and Projection

4 Sample Report on Damages for Federal Court - Rule 26(a)(2)(B) Auto Truck Plaza, Inc Sample Report on Damages for Federal Court Rule 26(a)(2)(B) Texas Equipment Company... Recovery of Lost Profits of an Unestablished Business Computation Issues Recent Significant Lost Profits Damages Cases Determining Economic Damages Business Damages Forum Business Damages Forum - Lost Profits Business Damages Forum - Royalty Rates Litigation Economics Review Journal of Forensic Economics - National Association of Forensic Economics Center for Forensic Economic Studies Forensic Economics - The Development and Outlook for The Field Annuity Cost: Relevant Evidence of Present Value in Personal Injury Actions Lawyer's Valuation and Structured Settlements Lawyers Weekly Journal of Economic Education Findlaw.com Brief Reporter, LLC Cybersettle.com Legal Information Institute - Damage Law Materials General Court Resources - hilbornlaw.com jacompton Insurance Defense: (Heyl Royster Voelker & Allen) Forensic Economic Sites (Will Yancy) Quantification of Economic Damages, Excerpts From, By: Richard M. Wise, FCA, FCBV, ASA, CBA

5 Litigation Services Damages Checklist Common Mistakes Regression Analysis USPAP Q & A Business Damage Forum Attestation Standards for CPA s Taxes, Inflation, and Discount Rates in Damage Computations and Awards Chapter 7 - Tax Treatment of Commercial Litigation Damages Damages to Reputation Excludable Planning for Employment Related Termination Payments Contingent Fees Excluded from Income Chapter 8 Damages Involving Individuals: Personal Injury, Wrongful Death, & Wrongful Termination PC - Economist Series for Windows Staub Associates, Personal Injury Loss Calculator Vocational Econometrics, Inc. (New worklife study) Vocational Economics, Inc.-Analysis Vocational Economics, Inc. - Articles Vocational Economics, Inc. Life Care Plans Economica Ltd. - Articles Economica Ltd. - The Expert Witness IRS Life Expectancy Table Worklife Expectancies For Women Worklife Estimates - Effects of Race & Education Hedonic Software - Litigation Analytics, Inc., PhD Life Arguing Non-Economic Loss in Death Cases California Civil Jury Instructions Damages in Personal Injury and Wrongful Death Cases What Attorneys Need to Know About Worklife Estimates Direct & Cross of the Vocational Economic Expert

6 Methods of Calculating Present Value Life Line Human Life Value Calculator Chapter 9- Components of A Lost Earnings Analysis Sample Report of Loss of Income Damages (Injury) Holyfield vs. Tyson Contruction Sample Report of Loss of Income (Termination) Poor Injured, Plaintiff Recent Developments in Damages for Economic Losses of Persons Chapter 10 Construction Claims Chapter 11- Selection of Discount Rates for Damage Cases Chapter 12 Helpful Resources The Federal Reserve Board Industry Forecast Reports Salary.com Valuation Resources for Business Appraisers