Ch.8-12 - Chapter 8 11 A written agreement to perform...

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Essentials of Business Law and the Legal Environment
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Chapter 6 / Exercise b
Essentials of Business Law and the Legal Environment
Mann
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Chapter 811. A written agreement to perform litigation services must include the name of the attorney’s client, the litigants’ names and place for the legal proceeding, the nature of the litigation services to be performed, whether the practitioner will be asked to testify as an expert witness, whether the practitioner has any conflicts of interest with the litigants or the attorneys, what restrictions will be imposed on use and disclosure of the practitioner’s work, whether the practitioner’s work will be protected by the attorney work product privilege, circumstances under which the practitioner may terminate the agreement, and the fee and payment arrangement.12. An expert witness testifies on a subject to explain technical things to the judge or jurors. A lay witness does not testify because of education but on a direct knowledge of a person or crime.13. To qualify as an expert witness, you must meet either the Frye standard or the Daubert standard. The Frye standard is used in state courts and is based on if the expert’s testimony will help in understanding, if the techniques are accepted and relevant to the community, and if the expert is qualified on the subject matter. The Daubert standard is used in the federal courts and uses challenges to determine if the witness can testify as an expert.14. An expert witness is usually challenged with a motion in limine. These motions are always based upon several different factors such as, the Daubert challenge, the Frye challenge, conflict of interest, ghost-written report, lack of independence, and a few more.15. The steps of a simple Daubert challenge is the motion of limine, motion of summary judgement, documents filed, hearing with the judge and lawyers, and a motion for summary judgment may or may not be granted.20. The Frye standard is only used in the state courts. There are three part of the standard the witness must pass to qualify has an expert. First the expert’s testimony must provide understanding of the evidence. Second, if the expert’s theories or techniques are accepted by the professional community. Third, if the expert is qualified to testify on the subject.21. The Daubert standard is used in the federal and Supreme court and involves simple and complex challenges. The simple challenges include the motion of limine, motion of summary judgement, documents filed, hearing with the judge and lawyers, and a motion for summary judgment may or may not be granted. The complex Daubert challenge includes multiple day hearings, and a live witness of a challenged expert or a rebuttal expert.22. An accountant that is also an expert witness must at least appear to have a n independence form their client. This is so that the judge and jurors do not think that there is a conflict of interest. Advocacy is possible for accountants to serve as consultants.
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Essentials of Business Law and the Legal Environment
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Chapter 6 / Exercise b
Essentials of Business Law and the Legal Environment
Mann
Expert Verified

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