1 If a CPA provided expert witness testimony on behalf of a

1. If a CPA provided expert witness testimony on behalf of a plaintiff, could the CPA charge a contingent fee that is 5% of any jury award?

2. If a CPA anticipated that their work might be subject to court order or subpoena, can you think of a way to protect that work with attorney-client privilege?

Solution

answer: 1 No, CPAs who are retained by clients to be testifying expert witnesses likewise attorneys cannot accept a litigation support engagement on a contingent fee arrangement.

answer: 2 The attorney-client privilege can be protected by use of safeguarded communicationa and E- communications, applying balancing test approach with the help of five-factor checklist and use of modern or “no waiver” approach whereby prevailage is waived when a disclosing party chooses to do so.