So why use a Forensic Accountant?

4 03 2010

Guest Blogger, Richard Forth the Managing Director of specialist Leeds- based forensic accounting firm, Forth Associates explains

I am often asked the question “So why do we need to use a Forensic Accountant?  What is wrong with our normal Accountants?”

The answer is, quite simply, that there is nothing wrong with your normal Accountants when they are preparing your year end Accounts, Tax Returns etc, in that this is where their experience lies and it is that experience, coupled with their knowledge of your business, that ensures all of these documents are prepared correctly and submitted to the relevant parties.

Our experience as Forensic Accountants is somewhat different, in that we operate in the area between the legal profession and the accountancy profession, using our skills obtained from training in the accountancy field, but also our knowledge of the law in respect to formulation of quantum in legal cases. The marrying of these skills enables us to prepare reports / advices which pull together rafts of relevant accounting documentation into a report format understood by the Court but, importantly, presented within the prevailing legal framework, such that the losses as presented follow all of the rules established by years of quantum based case law.

This is not a task which necessarily excludes input from your own accountant as they can furnish us with vital knowledge / information to assist us in our task. By presenting losses in this cogent and accepted format, it assists in progressing a case forward from a legal perspective and expediting settlement in the case.

It is often the case that we end up getting involved in cases where there has been substantial circular correspondence from Claimant to Insurance Company to the Claimant’s own accountant which has proved costly and frustrating and in many circumstances simply caused by a lack of knowledge in terms of presentation of information.

Richard Forth

Forth Associates





Forensic Accounting

28 02 2010

A FORENSIC ACCOUNTANT OR A LOSS ADJUSTER IN FORENSIC ACCOUNTANT’S CLOTHES?

Guest blogger Richard Forth of Forth Associates in Leeds describes some concerns about the use of forensic accountants by some insurers

As many Claimant Personal Injury Practitioners will be aware, ithe managing director of Leeds basedt has become the increasing practise of many Insurance Companies, over the course of the past couple of years, to utilise the services of certain firms of Forensic Accountants to consider loss of earnings / loss of profits claims presented by them, in the pre issue phase of cases, to arrive at an assessment of such Claimant’s losses. 

Whilst, ostensibly, it could be argued that the formulation of an independent assessment of such losses, in the pre issue phase of the case, is useful, we have listened to our Claimant Personal Injury Practitioner clients and note that many have voiced significant concerns, with the way certain purportedly independent firms are undertaking this practise, for a number of different reasons, the often quoted ones being:

a)         Disproportionate requests for significant financial information in small loss cases.

b)         Perceived arbitrary assessment of losses, hidden behind a purported Expert opinion (so called spurious academia) with no detailed specified reasons as to why that assessment has been made.

c)         A perception that, in effect, the Forensic Accountants are not undertaking a full and comprehensive forensic task, rather adopting a loss adjusting type approach for the benefit of their insurance clients.

Our Claimant Personal Injury Practitioner clients have identified a number of cases where their clients have been absolutely adamant that the assessment of losses, provided by the independent Forensic Accountant in their case, was understated and we have seen a significant number of instances where we believe that this is potentially the case.

The moral of the story is beware the wolf in sheep’s clothing and, should you encounter a situation where there is a structured adamance by a Claimant that he or she is correct then full consideration should be given to instructing your own Expert in rebuttal of the other Expert’s evidence.

Richard Forth is the Managing Director of Leeds based Forth Associates offering forensic accounting services to Claimant Lawyers and Insurers alike

 








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