Avoid Losing a Daubert Challenge: Some Best Practices

Abstract

Accountants often provide litigation services with respect to potential and pending judicial and regulatory disputes. They may be retained as consultants, summary witnesses, expert witnesses, or special masters. While engaged in litigation services, there are many ways for an expert witness to be excluded from the courtroom. Both simple and complex Daubert accounting challenges are becoming frequent as tort costs climb and court suits multiply. Accountants must take the qualification process seriously in order to avoid adversely affecting clients and their personal reputation. Lack of independence, conflicts of interest, side-taking, and result-oriented work are some of the situations to avoid.