In Cross-Examining a Financial Expert, white collar crime expert witness Mr. Henry J. Kahrs, CPA/ABV/CFF, CMA, CFE, CM of RGL Forensics writes:
OBJECTIVE I: EXCLUDE OR DISCREDIT
When the goal is to exclude or discredit the opposing financial expert’s opinion, attorneys may opt to:* Proceed with a Daubert Challenge * Attack the Appropriateness of the Expert’s Methodology * Attack the Underlying Assumptions * Attack the Quality of the Work
Daubert Challenges
The number of successful Daubert challenges will increase as attorneys improve their skills at demonstrating the following:1. Qualifications – The expert does not possess the prerequisite qualifications 2. Methodology – The expert did not use appropriate methodologies 3. Application – The expert failed to apply the methodologies properly, and 4. Support for Opinions – The expert failed to support his conclusions or establish a direct link between the litigated actions and the calculated damages