Before accepting a new client, there are several factors that must play
a part in determining the best decision for you and the accounting
firm. For starters, you must analyze the engaging attorney. While
Joseph Leslie may have won every “white collar” case he’s had, that
doesn’t necessarily mean he is good client to accept. An example of a
bad client from our text states that if an attorney has a reputation for
expert abuse, such as demanding rush assignments, it is a red flag
(Rufus, Miller, & Hahn, 2014, p. 49). On the other hand, a good client
shows respect to the expert witness and does not rush the witness to
provide results. Another factor that I would consider before accepting
this engagement is compensation. The prompt says that Leslie is
known for not paying his consultants and experts in a timely manner.
Therefore, an expert witness should ask for a retainer that is based on
the nature of the case and the investment of time it will require
(Expert Pages, 2022). Also, it is wise to enter into a fee agreement
with the lawyer to guarantee payment. Fee agreements resolve any
doubt about the basis for an expert’s compensation (Expert Pages,
2022). I would also need to have a meeting with the prospective
client to make sure they are not a professional liability to our
accounting firm. This will involve consider asking for references from
attorneys, bankers and major vendors or customers, and possibly, a
background check on key members of the company’s management
(Rood, 2013).
If I had to make a decision based on the details that have been
presented, I would have to say I would not feel comfortable accepting
the engagement. There are noticeable red flags with the engaging
attorney that could hinder me from gathering sufficient evidence.
While the client may be forthcoming and want to cooperate as much
as possible with the investigation, I personally would feel rushed by
the attorney because he just wants to win, but not give the time
needed to develop the case properly. Also, he hardly does any work
himself, which proves he wants to everyone else to do the grunt
work, while he only presents the case. This behavior is not acting in
the best interest of the client, or the expert witness.
References
Expert Pages. (2022, September 21). 4 Ways That Expert Witnessess
Can Protect Their Fees. Retrieved from
https://www.expertpages.com/library/4-ways-that-expert-
witnesses-can-protect-their-fees
Rood, D. K. (2013, July 1). Is this client the right fit for your firm?
Retrieved from Journal of Accountancy:
https://www.journalofaccountancy.com/issues/2013/jul/20137770.
html
Rufus, R., Miller, L., & Hahn, W. (2014, p. 49). Forensic Accounting.
Pearson.
