Page 41 - M & A Disputes

Second, in litigation, the practitioner is seldom involved in, or even aware of, settlement discussions be-
tween the parties. In an ADR environment, however, the practitioner can assume a much greater role in
advising the client about the strengths and weaknesses of its position. The practitioner can also evaluate
proposed settlements by weighing the settlement options against the potential outcome during a trial if
the client is considering litigation. In this capacity, the practitioner can offer an objective assessment to
their client.

Trial Assistance

The practitioner should reduce the financial reporting and accounting issues to their essential elements
and match their presentation to the sophistication of the judge or jury.

Practitioners also can help prospective witnesses understand key financial data and its effects on estab-
lishing liability or damages. They can also help legal counsel cross-examine opposing financial experts.
Practitioners often prepare questions for legal counsel to ask, brief legal counsel on the strengths and
weaknesses of the opposing expert’s analysis, and attend the trial and provide commentary on the testi-
mony of other key witnesses.

© 2020 Association of International Certified Professional Accountants 39