Week 3 Solutions - Week 3 Solutions Exercise 8-11 Question:...

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Week 3 Solutions Exercise 8-11 Question: What should be included in a written agreement by an accountant to perform litigation services for an attorney? Solution: Accountants asked to perform litigation services should enter into a written agreement with the employing attorney. The written agreement should cover the following matters: 9 The name of the attorney's client. 9 The litigants' names and place for the legal proceeding. 9 The nature of the litigation services to be performed. 9 Whether the practitioner will be asked to testify as an expert witness. 9 What restrictions will be imposed on use and disclosure of the practitioner's work. 9 Whether the practitioner has any conflicts of interest with the litigants and/or their attorneys. 9 Whether the practitioner's work will be protected by the attorney work product privilege. 9 Circumstances under which the practitioner may terminate his or her engagement. 9 Fee (including payment arrangements). Exercise 8-13 Question: What does it mean to have to qualify as an expert witness? Solution: How an individual can qualify as an expert witness varies depending on whether the litigation is in federal or state courts. The federal courts and many states have adopted the Daubert standard. Some states follow the older Frye standard. And other states have their own standard (e.g., North Carolina balances relevancy or materiality against prejudicial effect). The following Internet sites keep track of the states: http://faculty.ncwc.edu/toconnor/daubert.htm, and http://www.effinggham.net/michael/ dbtp.html. Exercise 8-25
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This note was uploaded on 02/07/2009 for the course AC 574 taught by Professor Kabani during the Winter '09 term at Keller Graduate School of Management.

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Week 3 Solutions - Week 3 Solutions Exercise 8-11 Question:...

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