Lawyer Monthly - January 2022 Edition

that I have not previously dealt with – to quote for a matter, such as a company valuation, without any information on the size or complexity of the business and them being surprised, or worse, when I request information before quoting. Meeting time constraints, such as Court deadlines, is often a challenge and is something that I make sure I can meet. That is even more so when the approach is late in the proceedings and a short timescale given. Unless I am sure that I can meet that timing, I will say that I can produce the required report, but not in that timescale. Alterations to instructions are another challenge. I will receive written instructions when I undertake a case, which in some cases can then be altered. That is usually in one of two ways:- a) Either because, in the course of my investigation, I reveal something which has an effect on what is needed. For example, on a valuation of a company and its three subsidiaries, all in the UK, I discovered, hidden in the assets of one subsidiary at a nominal value, three US companies, which considerably impacted on the time needed and the cost. b)Or, usually where the barrister is not totally involved at the start, once they look at the position, possibly on my draft report, wanting the matter to go in a different direction. There are also occasions where my draft report/opinion is not liked, and I can be asked to “adjust” this. Unless this is as a result of relevant information of which I was not previously aware, then I will decline. I have also been asked to EXPERT WITNESS 47 JAN 2022 | WWW.LAWYER-MONTHLY.COM guarantee my opinion up front! For example, in respect of a dispute between a solicitor and the Law Society, I quoted for producing a report, as required by his barrister. The solicitor then contacted me to say that he would accept my quote and instruct me if I would guarantee to give the opinion that he wanted. I declined to act. What is the Academy of Experts and the Society of Expert Witnesses and what do they do? All forensic accountants do not also carry out expert witness work. That can be because they do not carry out the type of investigation work that will result in legal/Court action or because they are in a department with a larger firm where only a few people at the head will do that. Producing an independent expert report and giving evidence are quite different, and although ICAEW give support and information in respect of that, the Academy of Experts is a renowned organisation that accredits by examination, offers training, supplies standard documentation, supports expert witnesses and provides the opportunity to meet and discuss with experts in other fields, such as medical. The Society of Expert Witnesses fulfils a similar role, has a similar function and I tend to regard it as backup to the Academy. I have on some occasions been in the witness box for a week being questioned by several barristers, and you need to be very careful to remember what you have said in response to previous points as well as remain consistent in your approach. David Cook Chairman DRC Forensics Ltd Kestrel Court, Harbour Road, Portishead, Bristol, BS20 7AN Tel: +44 (0)1275 390407 E: david@drcforensics.co.uk www.drcforensics.co.uk / index.html About David Cook I am a forensic accountant and expert witness, Chairman of DRC Forensics Ltd, based in Portishead, Bristol. I am a chartered accountant, accredited by the Institute (ICAEW) as a forensic accountant and a member of the Academy of Experts, accredited by them as an expert witness. I am also a magistrate, a member of the Society of Expert Witnesses and the Professional Negligence Lawyers Association.