Litigation Consulting

As confidential litigation consultants, we help attorneys to investigate accounting claims, to analyze accounting evidence, to develop discovery strategy, to identify and obtain missing evidence, and to notice and prepare for accounting witness depositions, at which we second chair. 




As confidential trial consultants, we assist attorneys in reviewing and identifying the most powerful and persuasive accounting evidence, preparing demonstrative charts for presentation to judges and juries and developing related trial strategies.



Expert Witness Consulting

(Special service for complex litigation)

As confidential expert witness consultants, we advise counsel on selection and retention of testifying accounting expert.  On behalf of counsel, we liaison with and support expert(s) with analysis, research, report and testimony.  This facilitates mutual attorney-accountant understanding, helps to ensure that expert reports and testimony are of optimal value to the end client(s), helps manage expert costs and allows attorneys to focus on other pressing matters – especially valuable when facing critical court deadlines. 




Litigation and Trial Consulting


[ go to Accounting Expert Witness Testimony ]


Service details:

  • Review and investigate filed, pending and threatened accounting allegations and claims.
  • Identify and analyze accounting evidence and related issues, at all stages of litigation.
  • Using reliable evidence and relevant facts, formulate and clearly articulate compelling, cogent accounting theories or defenses.
  • Provide turnkey deposition services for accounting witnesses and related issues (we have nearly 1,000 hours of live deposition experience, primarily as second chair).
  • Review and assess sufficiency of accounting discovery and production; and
  • Participate and engage in meet & confer process and discovery motions.
  • Assist counsel with drafting or responding to:
    • New or amended accounting allegations, claims or defenses;
    • Interrogatories, RFAs and other discovery tools; and
    • Dispositive and nondispositive motions as they relate to accounting issues.
  • Provide expert consulting, analysis and technical research of
    • Financial reporting, accounting and auditing requirements under Generally Accepted Accounting Principles (GAAP), Generally Accepted Auditing Standards (GAAS), and rules and regulations of the U.S. Securities and Exchange Commission (SEC);
    • Related topics, including but not limited to budgeting, forecasting, management of cash flow, cost accounting and interpretation of contracts.
    • Other general or specialized financial reporting, accounting and auditing issues; and
    • With respect to all subjects above, identify, document and discuss applicable and relevant authoritative literature or guidance.
  • On behalf of counsel, support testifying accounting expert(s) with their expert reports or when preparing to give expert testimony.
  • Attend or otherwise support mediations, settlement negotiations, hearings and trials.
  • As directed by counsel, communicate relevant accounting rules, facts and interpretations, verbally or in writing, to opposing counsel, mediators, magistrates, judges and others.


FAILSAFE CPA does not practice law, nor does it offer or provide legal advice.



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FAILSAFE is an acronym for Forensic Accounting, Investigation, Litigation Support and Fraud Examination.

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