Testifying Experts – Size Matters

Almost all of our business at Rosenfarb LLC is generated from litigators – our client base. In addition to all of their other skills, good litigators are very good actors and like all good actors they can play any role. They are sufficiently capable, nimble, quick and smart enough to learn about any subject matter. They undertake to resolve disputes about issues that are completely novel, in businesses in which they have no experience. They have the expertise and necessary talent to understand their client’s view of the issues. Litigators are combatants who gear up for war. Their war is the trial. Their skirmishes consist of motion practice, and like all minor battles, winning or losing is not determinative of the outcome.

At Rosenfarb LLC, we’re a team of financial experts, primarily forensic accountants and business valuation experts. As experts, we’re retained as consultants and, if our opinions are consistent with the strategy of the litigation, we may be called upon to testify about our opinions. We have testified numerous times. As testifying experts we’ve frequently been asked by litigators about our fees, the size of our firm (what is our bench strength?), our qualifications, our experience, our availability, our prior testimony and our possible impact on the current matter. No litigator has ever wanted our firm to experiment on their case. Although they frequently take on cases in industries in which they have no experience, or disputes that are novel, they don’t want the same experimentation from their experts. They want qualified, experienced experts, with pedigreed credentials, from large firms. They want their experts to have never written, testified or spoken about matters that might be construed to be in some way different than the conclusions offered in their case. In other words, they want no surprises. And, they want their expert to be effective, compelling, efficient, communicative, easy, and available. Also, they want their expert to charge very little, because, although it’s the litigator that generally chooses the expert (the expert is likely to affect the outcome of the case), it is the litigator’s client, the litigant, that pays the expert and the client always has limited funds – even when the client has unlimited funds, they have limited funds to finance the litigation. Since the great recession of 2008, the impact of litigation costs on businesses has been greater than ever; and the sensitivity of litigators to the amount of fees has been heightened.

Our experts have worked at both large and small firms. There are significant advantages to each. It can be said with certainty, that when an expert testifies, the expert is the only witness. Whether we have been assisted by a team of experts or only one other, when an expert is on the stand, she is alone. She is the only one answering questions. She is the only one being cross examined. She is the only one advocating her opinion. She is the only one communicating about her conclusions. Our effectiveness has an impact on the client – sometimes a significant impact. The judge or jury is not concerned with the size of the team assisting our experts. They only hear our expert’s testimony, not that of our team.

At Rosenfarb LLC, we’re a close knit group of educated, skilled, credentialed, experienced, talented experts. We are very effective and very efficient. We understand litigation. We understand litigation strategy. We are very sensitive to client’s needs. We are very sensitive to client’s budgets. We are quick and nimble. We’re fast learners. Because we’re small we can change direction easily. We can apply what we learn to all facets of our engagement. We communicate regularly with all of our team members.

As experts, all of our fees are hourly. Our hourly rates are generally less than comparable hourly rates at large firms and our total fees are generally less than those that would be charged by large firms.

Size matters. Experts from small firms are more effective and efficient. They will charge less and provide more. Don’t be seduced by well-known brands at large firms. At the end of the day only one person is on the stand giving testimony. The brand, size of firm and number of team members is irrelevant to the judge or jury.

At Rosenfarb LLC we produce well-supported, well-reasoned and well-communicated damage calculations that withstand the rigors of litigation. We are a firm of forensic accounting and valuation experts. We understand business – which is an amalgamation of events and transactions with often complex and nuanced underlying economic purposes. We have keen insights and always connect the dots. We understand the litigation process. We frame the issues simply and in alignment with the litigation strategy. We use logic to support our opinions, while creating compelling stories. We are sincere, professional, and credible. We are accounting experts with legal acumen.

Rosenfarb LLC
Phone: (855) 415-1100
Info@Rosenfarb.com
www.rosenfarb.com