Legal Compliance & Ethical Standards Flashcards

Which of the following is NOT one of the factors a court considers under the Daubert standard when evaluating expert testimony?

Answer: The hourly rate charged by the expert

Daubert focuses on methodological reliability such as testability, peer review, error rate, and general acceptance, not expert compensation.

Under the December 2023 amendment to Federal Rule of Evidence 702, the proponent of expert testimony must demonstrate its admissibility by what standard?

Answer: More likely than not (preponderance of the evidence)

The amendment clarified that the proponent must show the Rule 702 requirements are met more likely than not, consistent with FRE 104(a).

Under FRCP 26(a)(2)(B), a retained testifying expert's report must list all cases in which the expert testified at trial or by deposition during the previous how many years?

Answer: 4 years

The rule requires a list of trial or deposition testimony during the previous 4 years, while publications cover the previous 10 years.

Since the 2010 amendments to the Federal Rules of Civil Procedure, which of the following is generally protected from discovery as work product?

Answer: Draft versions of the testifying expert's report

FRCP 26(b)(4)(B) protects drafts of expert reports, while facts considered and compensation remain discoverable.

A forensic accountant is retained only as a consulting (non-testifying) expert. Under FRCP 26(b)(4)(D), the opposing party may discover that expert's facts or opinions only upon showing what?

Answer: Exceptional circumstances making it impracticable to obtain them by other means

Consulting experts' work is shielded unless the party shows exceptional circumstances, such as inability to obtain the information elsewhere.

Under a Kovel arrangement, attorney-client privilege may extend to an accountant's communications primarily because the accountant:

Answer: Is retained by counsel to help the attorney understand information needed to give legal advice

United States v. Kovel extends privilege when the accountant acts as an interpreter assisting counsel in rendering legal advice.

Federal Rule of Evidence 1006 permits a forensic accountant to present a chart or summary of voluminous records provided that:

Answer: The underlying records are made available to other parties for examination or copying

FRE 1006 requires that the originals or duplicates be made available to other parties at a reasonable time and place.