AR123-WEB - Expert Witness Engagements: From First Contact through Payment
Category: Appraisal Review & Management
Continuing Education: 2
Registration
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Webinar Course Description
Litigation engagements are different from regular
appraisal assignments. The appraiser must be aware of the legal privileges that
apply to communications and properly document those communications. All
communications with the client and attorney are discoverable. Conflicts must be
considered and tracked before committing to an assignment. Engagement letters
should be drafted with a view to necessary provisions and the fact that they
will be produced in discovery and possibly used as a road map to deposition interrogation.
Course Audience
Experienced appraisers who are interested in or retained for litigation matters.
Instructor Information
Brian P. Brinig , ASA | CBIZ Brinig Taylor Zimmer
Brian Peter Brinig, ASA, is an appraiser, a certified public accountant and
non-practicing lawyer who has been performing business valuations and economic
damages analyses for forty years. He is an Adjunct Professor at the University
of San Diego School of Law who founded a valuation firm in 1983 that was
recently acquired by CBIZ-MHM, LLC. Brinig remains a Managing Director at CBIZ.
Brian is the author of five technical books including Finance & Accounting
for Lawyers, a legal textbook used as the basis for the graduate law class of
the same title. Brian has testified as an economic expert witness in more than
100 jury trials across the United States in the last forty
years.
No prerequisites for this course.
Agenda
The following topics are covered in this course:
I. Introduction
1. Litigation practice is dramatically
different from regular appraisal practice
2. Objectives of this
program
II. The expert deposition
1. Definition
2.
Deposition procedure
3. The attorney’s objective
4. The expert’s
objective
5. Deposition preparation
6. Pitfalls for the
expert
III. Techniques for Effective Expert
Depositions
1. Understanding the deposition process
2. Ten
Commandments for Effective Depositions
3. Sample questions
4. Good answers
vs. bad answers
5. Tactics to assure success
IV. Different types
of Expert Depositions: for trial vs. for settlement
1. Strategies in
“for trial” deposition
2. Strategies in “settlement” depositions
3.
Working with your client’s lawyer
4. Understanding the deposition
process
V. Conclusion
1. Deposition is most important
part of litigation practice
2. Most cases settle as a result of deposition
evaluation
3. Make sure you are the “best” appraisal expert
4. Knowledge
of tactics and strategies will assure that
Learning Outcomes
Upon completion of this course,students will be able to:
- Define, summarize and explain the legal privileges
applicable to appraisal work in litigation support and their effect on oral
and written communications;
- Identify and discuss the conflicts of interest in litigation related
matters. What is a conflict? What cases can you accept and which
must you decline?;
- Discuss and explain the strategies for initial communications with client
and counsel;
- Analyze engagement letter issues: who is the client?; description of
assignment; fee provisions; arbitration considerations; limitation of
liability; and
- Outline file documentation procedures essential for litigation
matters.
Brinig, Brian | San Diego, CA United States |