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The Litigation Side of Forensic Accounting Copyrighted 2001 D. Larry Crumbley, CPA, Cr.FA, CFD KPMG ... - page 186 / 275

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© D.L. Crumbley

Ghostwriting Reports (Cont.)

“Certain kinds of help are clearly in tune with the concept of assisting  the expert.” “Specifically, an attorney’s assistance with the preparation of documents required by Rule 26, such as a list of cases in which the expert has testified, or fine-tuning a disclosure with expert’s input to insure that it compiles with the rules, is permissible.” Preparing expert’s opinion “from whole cloth and then asking the expert to sign it if he or she wishes to adopt it conflicts with Rule 26(a)(2)(B)’s requirements that the expert ‘prepare the report.’ Preparation implies involvement other than pursuing a report drafted by someone else and signify one’s name at the bottom to signify agreement. In other words, the assistance of counsel contemplated by Rule 26(a)(2)(B) is not synonymous with ghost-writing.”

Source: Bank One Corp., 120 T.C. 174 ( 2003)

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