Finding And Using A Forensic Accountant
Solicitors often appear to be reluctant to use a forensic
accountant; even in cases where instructing a forensic
accountant might significantly strengthen their clients case or
undermine that of their opponent. Is that because forensic
accountants are perceived as expensive and unapproachable, or
simply because the solicitor has seldom used a forensic
accountant in the past and so would not feel comfortable
finding and using one?
David Winch, of NIFA member Accounting
Evidence Ltd, explores the potential benefits and costs of
using a forensic accountant and gives some tips about selecting
and instructing one.
What is a forensic accountant?
When people ask me what I do I say, "I am a forensic
accountant". Usually they look impressed, for a moment.
Then they ask, "What is a forensic
accountant?".
The short answer is that a forensic accountant is an
accountant who assists with the financial elements of cases
being prepared for, or heard in, court. Sometimes he may be
referred to as a litigation support accountant. He may act as
an expert witness at trial.
When should a forensic accountant be
used?
There will be a variety of situations in which a solicitor
could make use of a forensic accountant. One might be required,
for example, where a valuation is required of a business, or an
asset, or even a lost opportunity. This could be in relation to
matrimonial proceedings, personal injury, an insurance claim
for damage or loss, infringement of a patent or copyright,
breach of contract the list is endless.
Alternatively a forensic accountant might be used by a
solicitor in civil or criminal proceedings in relation to
alleged crime or proceeds of crime. This is the field in which
I specialise.
The common factor in all these situations is that there is a
dispute involving money or value. An expert opinion from a
seasoned professional forensic accountant can carry substantial
weight in such disputes.
There may also be a mass of accounting records or data, the
meaning of which is difficult to glean. In these circumstances
a forensic accountant can be invaluable to rapidly focus on
important information and explain its significance.
Why should a forensic accountant be
used?
A forensic accountant is able to provide a professional,
objective and independent opinion on matters within his
field.
The documents and evidence relevant to a dispute may be
number-intensive and might require analytical skills not
ordinarily found amongst solicitors and barristers...
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