Handbook of Business Valuation

By Thomas L. West; Jeffrey D. Jones | Go to book overview

CHAPTER FORTY
The Use and Abuse of Experts
RICHARD M. WISEThe attorney generally seeks out an expert by inquiry, hearsay, communication with his or her colleagues, or by noting that the expert has testified elsewhere in a similar matter; perhaps the expert has lectured or written articles on the subject or has a general reputation in the particular field. The types of attributes or “prerequisites” that must be satisfied if the business valuator is going to be retained by the trial lawyer include, among others:
Independence and objectivity with respect to the engagement.
Professional experience, education, and training.
Professional society memberships and accreditation.
Grasp of the assignment and understanding of the relevant law.
Previous experience and knowledge of the technical, financial/ economic issues involved in the litigation.
Whether the expert has authored any articles, books, or courses, or has lectured.
Whether the expert has ever taken a contrary position in a previous case or writings.
Ability of verbally convey his or her thoughts and opinions in layperson's terms, convincingly but objectively.

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