Even counselors need good counsel...

Today’s litigious society increasingly presents you with cases involving complex financial and accounting issues. Many cases involve reams of accounting, financial, statistical and economic information. Preparing for court can require analyzing large quantities of technical evidence, testimony and documentation - all within rigid time constraints.

As CPAs, we understand the subtleties of financial issues the way you understand nuances in the law. And because our firm specializes in serving the legal profession, we can provide you with specialized technical resources that support your efforts throughout all phases of the litigation process.

The proper advice and analysis in these instances will enhance the litigation strategy, your negotiating position, the likelihood of a satisfactory out-of-court settlement, the probability of winning the case and enhance or minimize the settlement amount, all of which enhances the satisfaction of your client.

Our high standards of professionalism, combined with extensive experience and personalized service, provide you with expert witness and consulting services you can count on...in and out of the courtroom.

What you can expect from us...

We can make the difficult job of trial preparation easier by providing you with specialized services from professionals with a thorough understanding of how accounting, financial and business factors relate to specific legal matters.

Our capabilities are based on years of experience, careful planning and meticulous quality control.

Involvement of our Law Firm Services team provides authoritative credentials for research, testimony and informed defense against opposing arguments. You can rely on our integrity and diligence in rendering advice or providing expert testimony.

We recognize your time constraints. Our timely, accurate information, action-oriented plans and qualified recommendations can increase your efficiency.

How we work with you...

We assist you to develop and present concise, objective evidence that clearly shows the merits of a legal position. You are kept fully informed at all times and receive regular progress reports.

  • Defining issues - By identifying key accounting, financial, economic and industry issues, we provide the theory and outline proof. We also determine what records may be needed.

  • Fact finding and documentation - We collect and review relevant information, provide studies and projections, and report on the strengths and weaknesses of evidence. We can also assist with product requests, interrogatories, claims and depositions.

  • Response to discovery - While preparing additional or alternative information based on new assumptions or developments in the case, we can analyze and discuss the significance of information obtained by the opposition. Additionally, we generate or review trial exhibits.

Preparing for trial...

You want the evidence you present in court to be credible, coherent and consistent. Our professionals will work with you at all phases of the process.

  • Pretrial - The oral or written reports we provide enable us to brief counsel and witnesses on financial and accounting matters, explaining documentation and the methodology used to create it. We can often suggest potential negotiating strategies.

  • Trial - We serve as expert witnesses or prepare others to testify. We may draft testimony outlines for review and list possible cross-examination questions and responses. We are available to attend the trial to support you in the examination and cross-examination of witnesses as well as to evaluate the opponent’s trial exhibits.

  • Post trial - You can look to us for relevant advice on settlements and financial information for use in briefs and appeals as part of our continuing litigation support services.

When litigation support is needed....

The following are representative of the wide range of our litigation experience.

  • Embezzlement and other white collar crimes - Assist in determining how funds were misappropriated, tracing funds and performing tests to determine the amount misappropriated.
  • Alleged tax fraud or evasion - Analysis of transactions, documentation of net worth and preparation for IRS examinations can aid your clients to substantiate their positions.

  • Antitrust suits - Cost calculations and studies of accounting, finance, marketing or pricing practices yield valuable insights into the merits of such cases.

  • Bankruptcy and reorganizations - Bankruptcy matters have enormous amounts of initial and periodic accountings. In addition, financial projections, development of a plan and claims reconciliations can be effectively performed by our team. Bankruptcy matters often involve an evaluation of preferential payments and fraudulent conveyances. Our team, working with the attorney, can provide an effective team in discovering and recovering assets of the estate. Additionally, we can make computations of earnings and profits or provide assistance with trustee and creditors’ committees.

Our services are comprehensive...

  • Divorce - In addition to valuing businesses in connection with divorce proceedings, we can be of assistance in determining and valuing marital assets and liabilities, determining tax impacts of property division, alimony, child support, etc., and in preparing pre-trial statements.

  • Personal injury - Calculations of lost earnings permit juries to determine appropriate awards.

  • Business and asset valuations - The value of a closely held business needs to be ascertained in many matters including divorce proceedings; shareholder and partner disputes; estate, gift or income tax litigation; contracts, acquisitions and divestitures; and estate planning.

  • Business interruption claims - We prepare estimates of delay and overhead costs, projections of costs to complete or terminate contracts to support damage suits.

  • Shareholder/Partner Disputes - It is not unusual for shareholders or partners to have disputes that involves various financial and economic items. These can include everything from determining an amount that a departing shareholder or partner is owned for their interest pursuant to an agreement, to determining amounts that were siphoned off from healthy companies to fund the losers.

  • Lost profit claims - Evaluation of lost sales, production costs, profits and losses, cashflows, opportunity costs, rate of return and range of damages are crucial to such litigation.

  • Damage determination - Almost all commercial litigation involves a computation of damages. The essence of many suits is the amount of damages. Determining what a sales person is owed in commissions, based upon sales and his or her commission formula; determining lost profits as a result of a negligent action or other tort, including lost opportunity costs; and calculating damages for breach of fiduciary responsibility by investment advisors all are opportunities to use the expertise of our team. Computing damages is a complex issue and we may use a number of different methods and models.

Our expertise is extensive...

  • Insurance claims - For an insurance claim, the insured needs to establish the amount that he or she is entitled to receive. Conversely, the insurance company needs to analyze what it believes it owes. CPA’s, using computer models and studying financial and other information, are typically best able to assist in such matters, representing either interest. Specifically, lost profits are often a key amount on which the parties may disagree. We can effectively support an analysis that can strengthen and help resolve the issue. We may also assist with claim preparation, documentation, as well as accounting and tax alternatives for recognition of the loss and recovery.
© Copyright 1999; Advanced Business Valuations