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practitioner s opinion and work product is generally limited to the trier of fact and the parties to the dispute who have the opportunity to evaluate and question the practitioner s conclusions, working papers, documents, and methodology The standards for attestation engagements do not envision the practitioner as the asserter and were established to provide assurance to third parties about the assertion of another party Litigation consulting engagements and attestations engagements differ in the purpose in engaging the practitioner and in the use of the practitioner s conclusions Also, unlike an attestation engagement, there are usually no uninformed third parties in a litigation consulting engagement because all the parties (if the practitioner is an expert) generally have access to the working papers of, and other documents relied on by, the practitioner and can question the conclusions (d) CASE ANALYSIS AND PLANNING Whether in the role as testifying expert or nontestifying consultant, the litigation consulting practitioner can provide valuable assistance throughout the litigation process In many circumstances, the accountant can be of use to the attorney before the complaint is even led The accountant can help the attorney understand the accounting, nancial, and economic issues involved in the case and can also assess the potential value of the claim by providing an estimate of the amount of damages In certain cases, the accountant may actually help to identify causes of action to be included in the complaint Once a case has been led, the accountant can help the attorney understand and evaluate critical accounting, nancial, and economic issues and assist with the formulation of an appropriate strategy Strategy formulation is a continual process; as new information is received and additional issues uncovered, the overall strategy is revised During the planning phase, the accountant will evaluate alternative approaches and determine the most reasonable approach to take based on all available information At the same time, the accountant will assess the strengths and weaknesses of the opponent s case The accountant s involvement in this phase will help the attorney to focus on those issues that have the greatest impact on proving the case (e) DISCOVERY Discovery is the information-gathering stage of the litigation process During discovery, each party attempts to identify and obtain all the information and documents necessary to prove its case The accountant s initial assistance may be in formulating speci c accounting and nancially oriented questions to be included in interrogatories The accountant will also assist in drafting document requests by identifying in a very speci c manner the types of documents (particularly accounting records and reports) that would be of interest and that the opposing party is likely to have retained The more speci c the requests are, the more likely the response will be useful The accountant will also be able to assist the attorney with the preparation of responses to the opposing party s interrogatories and document requests A signi cant role that the litigation consulting practitioner can play during the discovery phase is in the review and analysis of the documents During this review, the litigation consulting practitioner identi es key documents that are helpful or harmful to the parties that have retained him It is also during this phase that the litigation consulting practitioner identi es documents requiring further explanation that can be provided during deposition Depending on the legal forum in which the case is being tried, expert reports are usually drafted, issued, and exchanged with the opposing party during or just after the discovery phase Depositions provide each side with an opportunity to elicit relevant facts and to identify weaknesses in an opponent s argument The accountant can be helpful in this area by assisting the attorney in identifying subjects to be explored and in developing speci c deposition questions, especially when nancial executives or experts are being deposed Frequently, an attorney will request the accounting expert to be present at these key depositions Here the accountant can help the attorney understand and interpret the deponent s responses and formulate follow-up questions to probe more deeply into the subject area Having the accountant present at the deposition will enable the attorney to completely understand and consider the nancial issues The accountant who will be a testifying expert may be subject to deposition by the opposing attorney The opposition will attempt to gain a thorough understanding of the accountant s analysis.

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Select Frame 2 of all the other layers and add a frame (F5) Unlock any locked layers Select all the layers and choose Insert Convert to Symbol Make it a movie clip named Clock1 Click Scene 1 to return to the main Timeline

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