Divorce engagements: being deposed as an expert witness.

In response to the economic downturn, divorce filings have declined. Even so, the services of forensic accountants are in great demand to assist in addressing financial issues that arise in divorce cases. A recently updated AICPA resource offers practitioners guidance not only on dealing with investigating financial issues and developing a written report but also on effective and appropriate ways to interact with judge and jury and both client counsel and opposing counsel.

When the economy takes a turn for the worse, people may be less likely to risk going through additional emotional and financial pain by filing for divorce. By an almost two-to-one margin, respondents to a recent survey of the American Academy of Matrimonial Lawyers (AAML) reported that they typically see a decline in the number of divorces during national economic downturns.

Although the frequency of divorce may decline for a period, the demand for CPAs' services in family law is likely to continue to expand rapidly, increasingly requiring the expertise of forensic practitioners. Divorces often involve complex financial issues. Consequently, judges and attorneys look to CPAs for help. To help CPAs involved in family law engagements, the AICPA recently updated Forensic Accounting for Divorce Engagements: A Practical Guide, Third Edition, by Ezra Huber, JD, and Donald Glenn, CPA/ABV, CVA, CFE, CFF.

The guide is designed primarily as a how-to reference for divorce engagements, focusing on the forensic investigation of divorce's seamy side. However, the guide offers helpful instruction to all practitioners who may be engaged to serve as expert witnesses. It discusses the expert's relationship with the marital attorney, signs of possible fraud, and common problematic transactions, along with discussions of fraud, misstatements, and executive compensation. The guide also gives tips to practitioners on presenting themselves effectively as expert witnesses and observing traditional courtroom decorum in dress and demeanor. This resource offers helpful instruction to all practitioners engaged to serve as expert witnesses.

This article is based on an excerpt from the discussions of depositions in "A Forensic Accountant's Role in the Courtroom," a section of the guide that provides detailed suggestions about appropriate appearance and behavior for the expert witness. The tips presented in this article give an overview of behavioral standards expert witnesses are expected to meet...