Online Directory | NACVA Site Search:

When Retaining Counsel Becomes an Expert's Greatest Risk

Expert Witness

 When Retaining Counsel Becomes an Expert's Greatest Risk
CPE Credit

Program Type: VideoCast (Audio,Video, PPT Presentation)
Program Level: Basic
Prerequisites: Previous training or experience with the fundamentals of accounting, finance, economics, and business writing.
Advanced Preparation: None
Delivery Method: Group Internet-Based
CPE Credits: Two (2) Hours
Fields of Study: Personal Development
Item Number: 11OLTVC4387
Shipping Weight: 0lbs. 0oz.
Price: $110.00
Program Description

Forensic experts focus a great deal of effort on protecting themselves from the challenges and attacks from opposing counsel. Many experts, however, overlook the various risks presented by their own retaining counsel.

This webinar will focus upon how retaining counsel can impair an expert's credibility through misleading assumptions, incomplete foundational documents, unrealistic financial and time constraints, and substandard direct examination. It will also explore ways experts can quickly recognize the warning signs and act affirmatively to maintain their credibility and effectiveness.

Learning Objectives

After completing this webinar, attendees will be able to:

- Distinguish between "evidence" and retaining counsel's "spin on the evidence"
- Identify deficiencies (both intentional and unintentional) in the evidentiary material provided by counsel
- Deflect counsel's imposition of unrealistic budgets and timelines
- Identify four key areas for which the expert, in addition to formulating opinions, can add to the strength of counsel's case
- Employ strategies to enable retaining counsel to maximize the impact of the expert's testimony
- Refocus retaining counsel's list into realistic expectations

Who Should Attend

Consultants, CPAs, appraisers, business valuation experts, financial professionals, insurance experts, architects, real estate brokers, doctors, attorneys, vocational experts, forensic experts, and other professionals who serve or plan on serving as expert witnesses


Michael G. Kaplan, CPA/ABV, CVA, MAFF
Mr. Michael Kaplan has more than 30 years of experience in the areas of forensic accounting, business valuation and litigation consulting. He has rendered services in numerous litigation matters, including business litigation, professional malpractice matters, fraud and embezzlement, intellectual property, marital dissolution, loss of earnings, employment matters, and partner and shareholder disputes. Mr. Kaplan has also served as a court-appointed expert and accounting referee.

Mr. Kaplan has served on the faculty of the Marshall School of Business and Leventhal School of Accounting at the University of Southern California. He is a frequent lecturer at professional accounting, valuation, and legal conferences. Mr. Kaplan is called upon regularly to serve as an expert witness in federal and state courts. He has developed and presented continuing education programs in financial and management accounting, economic damages, forensic accounting, business valuation, and the financial expert's role in litigation. Mr. Kaplan is a principal member of the training development team of the National Association of Certified Valuation Analysts™ (NACVA®), director of NACVA's Financial Forensics Institute, and has served as the chairman of NACVA's Certification Board, Litigation Forensics Board, and Executive Advisory Board.

P. Dermot O'Neill, CPA, ABV, CFF, CVA, MAFF, ABAR
Mr. P. Dermot O'Neill has over 40 years of experience as a Certified Public Accountant. He has concentrated his practice in the areas of forensic accounting and litigation support, business valuation, transaction consulting, financial analysis, and income taxation. He has provided consulting and expert witness assistance in cases involving oppressed shareholders, personal injury, wrongful death, accounting malpractice as well as contract and tort issues.

Mr. O'Neill is a member of the American and Pennsylvania Institutes of Certified Public Accountants (PICPA), National Association of Certified Valuators and Analysts, and Institute of Business Appraisers™. Mr. O'Neill is a committee member of the PICPA Business Valuation Committee, PICPA Forensic and Litigation Services Committee (2007-2008 Annual Conference Chair), National Association of Certified Valuation Analysts State Chapters Committee, and Managing Editor of the National Litigation Consultants Review for which he has written numerous articles. Mr. O'Neill has been an adjunct faculty member at Villanova University as well as a member of the National Faculty of the American Institute of Certified Public Accountants (Staff Training-Taxation and Staff Training-Accounting and Auditing) and is currently on the adjunct faculty at Rider University Graduate School of Business.

Mr. O'Neill has presented seminars sponsored by the Accounting Institutes and Societies in Pennsylvania, Florida, Georgia, Ohio, Utah, and Texas as well as seminars for local and state bar associations. He has been a guest lecturer at Lehigh University and Widener University Graduate Schools of Business. He has testified as an expert in Pennsylvania, New Jersey, Delaware, Florida, New York and Virginia as well as the Chancery Court of Delaware, Federal Bankruptcy Court and Federal District Court.