Financial Forensics Body of Knowledge, + Website

CHAPTER 6

Trial and Reports Phase

This chapter aggregates and conveys the forensic operator's entire assignment, with the degree of detail dependent upon many factors. They include: the court (whether bench or jury trial); the trial duration (a three-day trial has different dynamics from a three-week trial); the extent of discovery; the complexity of the data; the complexity of the matter; the opposition's likely approach; the forensic operator's trial experience; the client's or agency's comfort level; the chemistry among the various parties; and myriad other factors ranging from physical (e.g., weather, size of the courtroom), and psychological (e.g., small town, large city), etc.

This chapter explains simple yet effective tools to capture the nature and essence of a forensic assignment within the context of the output. Certain matters, for example, patent infringement in federal court, compel forensic operators to construct or explain a narrative supporting the data, analysis, observations, opinions, et al. Conversely, a short-duration dispute among two shareholders might merely require forensic operator testimony supported by a few schedules for demonstrative exhibits. Consequently, the forensic operator must have a facile grasp of the report and exhibit spectrum in order to communicate effectively and efficiently.

TRIAL PREPARATION STAGE

Purpose of Stage

This action defines the purpose of the trial1 preparation stage. Also, it sets the stage for the reports, exhibits, and ...