A financial expert’s assistance with the discovery process can be invaluable to the family law attorney. By virtue of the expert’s familiarity with personal and business financial documents, the financial expert can play an important role in the discovery process. He or she can help with the following:
- Determining which documents should be requested or subpoenaed
- Identifying the individuals or companies most likely in possession of those document
- Drafting discovery requests, using the common names of the financial documents in conjunction with descriptions that may be important in the event that the person or company uses a different name for the documents or reports
- Evaluating documents produced in discovery to determine if they are responsive to the requests or subpoenas
- Drafting follow-up requests to either reiterate or reword the original requests, or to create additional requests or demands
- Explaining the documents and data to the attorneys
- Assisting with preparation for depositions of individuals with financial information relevant to the family law case
- Attending depositions of parties with financial information, in order provide the attorney with suggested lines of questioning
The forensic accountant may also assist the family lawyer with the development of strategy for the financial portion of the case. The financial and business experience of the expert may aid the attorney in understanding and litigating the issues related to the finances of the family. It is important that the financial expert not be afraid to point out weaknesses and errors in the financial case, perhaps guiding the attorney to a better understanding of the financial issues and an alternative, more viable approach.
