Since our inception in 1980, T.A. Myers & Co. has provided forensic accounting and other investigative services relating to many different types of sophisticated commercial litigation, from simple check kiting schemes to large, complex securities fraud cases, including matters involving high-profile litigants. We have been engaged by various law enforcement agencies, government regulators and law firms, as well as by private litigants and other interested parties. Our 30 years of experience in the forensic accounting arena has provided experience in a wide variety of circumstances, and given rise to a broad base of knowledge that can be applied to many complex financial situations.
Subcontracted Forensic Services
Law firms frequently outsource significant forensic research and analysis to outside investigative third parties, often the expert firm that is retained for testimony at trial. The expense of the testifying expert’s research and analysis is then typically passed on by the attorney to the client for reimbursement. Clearly, the objective, independent expert is a cornerstone of judicial ethics. However, delegating carte blanche, critical, substantive research to the testifying expert can be unnecessarily expensive and, in some instances, inimical to the client's interests. The independent expert and its team may undertake needless, redundant, or even counterproductive research that is both costly and, occasionally, unfavorable to the client's argument. The engaging law firm has, at best, only indirect control over these variables. Further, the research and analysis undertaken by the independent testifying expert are subject to discovery pursuant to the Federal Rules of Civil Procedure 26.
The T.A. Myers & Co. Solution
T.A. Myers & Co. is now offering its world-class forensic services on a subcontract basis. We work for you, the law firm, to provide sophisticated litigation support and financial due diligence analysis as a "consultant, non-testifying expert" at substantially discounted rates. In this type of assignment, we render services at your direction and do not contemplate providing expert testimony at either deposition or trial. We conduct research and analysis with an eye toward buttressing your legal theories, and generating information that will advocate and support your client’s position. We bill for our subcontracted professional services at a wholesale rate that your firm can mark up to industry-standard rates.
As an advocate for your client’s position, our work product is not subject to discovery. According to the federal rules of civil procedure, Rule 26(b)(4)(D) Expert Employed Only for Trial Preparation:
Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial.
Work product provided by T.A. Myers & Co. as a "consulting" expert can be passed on, in whole or in part, at your discretion, to the testifying expert. If our research and analysis comports with the testifying expert’s standards of inquiry, the testifying expert can subsume and incorporate the product into the expert’s own report and testimony. There is wide latitude under the Federal Rules of Civil Procedure dealing with trial preparation protection for draft reports and/or disclosures of testifying experts. Pursuant to Rules 26(b)(4)(B) and(C) such drafts are protected, as well as relevant communications, regardless of their form. Of course, to the extent that the testifying expert relies on T.A. Myers & Co. research and analysis, the expert must be prepared to defend such reliance and will be subject to opposing counsel's attack.
Law Firm Benefits from Subcontracting Forensic Services
T.A. Myers & Co. non-testifying, litigation support consulting services can facilitate optimal law firm client service by:
- Providing state-of-the-art, industry-specific research and analysis to buttress case specific theories based on the particular facts and circumstances;
- Assisting with development and articulation of case pleadings;
- Facilitating client advocacy in settlement negotiations;
- Researching rebuttal of opposing party arguments and expert opinions;
- Developing theories and specific avenues of testimony for handoff to your testifying expert; and by
- Augmenting law firm revenues through the markup of T.A. Myers & Co. subcontracted wholesale services while, at the same time, reducing overall cost to the client and optimizing the articulation of client positions.
For additional information about our forensic accounting services, please see our forensic services brochure.