Assistance with Discovery
Often, litigation isn’t won at trial, but rather during preparation. Having the right litigation support team on your side could mean the difference between success and failure. At Smolin Lupin, we partner with our clients and their attorneys early in the litigation process so they can be as prepared as possible for trial or for negotiation.
We stand with attorneys and their clients from the time the possibility of litigation even arises. We can dig into the financial facts of a case to help clients and attorneys formulate strategy, rebuff an argument or uncover new evidence. We can then help present that information in court through expert testimony or simply brief the legal team on our findings so they can work it into their arguments.
Here are just a few of the areas in which we help our clients prepare for litigation:
Often, lawsuits and the damages in question hinge on the valuation of a closely held business. In a marriage, a family business may be at the center of the asset split negotiations. In a partner or shareholder dispute, one of the parties may need to be bought out, which makes valuation a critical piece of information.
The tricky part is that business valuation is more art than science. There are many variables to consider and multiple acceptable methods for determining the value. One legal team could use a certain method to arrive at one valuation, while the other side could use a totally different valuation and arrive at a different number.
We work to determine a valuation that will stand up in court. We can also scrutinize the other side’s valuation numbers and try to find holes in their approach or calculations. We then arm our clients and their attorneys with all the information they need to advance their argument in court.
Maybe your client’s company has been hit by fraudulent activity and they’re pursuing litigation to get the money back. It’s one thing to calculate how much money was stolen. But how do you know exactly how much in damages to pursue? In who you should go after? A fraud analysis and forensic audit can shine light on the full scope of fraudulent activity. We can reconstruct the fraud from beginning to end to see how it was perpetrated and exactly how much money disappeared. We can also run various scenarios to see how the effects of that fraud rippled throughout the business. The result is a well-reasoned determination of damages that can hold up to even the toughest scrutiny in court.
Divorce negotiations can be costly, time-consuming and emotionally draining. You can minimize and manage the experience by making sure that you have all the necessary information as early as possible. We help our clients gain clarity into their financial picture early in the divorce process, so they can try to reach a satisfactory outcome as quickly as possible.
We obtain valuations for hard-to-value items, such as businesses, property, equipment, jewelry and collectibles. We can also examine the other spouse’s records to find signs of deception. We look for things that may tip off asset hiding, such as loans to or from family or friends, or recent purchases of business equipment, unexplained transfers of cash or valuables.
We can also evaluate a person’s income to help form an opinion on spousal and child support. If a spouse has variable income from a business or a commission-based job, it may be difficult to arrive at an accurate income number. The court may just look at their most recent tax returns. We dig deeper to understand all the variables affecting their income.
Personal Injury and Malpractice
When it comes to personal injury litigation, some damages are simple to verify. Things like medical bills, time away from work and rehabilitation costs can all be calculated by looking at some receipts and pay stubs.
However, other damages may be much harder to calculate. There are future healthcare expenses, which may not be known. There’s the cumulative effect that the injury or illness could have on an individual’s earning power. What if they can’t continue in the same role or if they can’t continue to grow and learn from a professional standpoint?
Calculating the appropriate damages requires bigger thinking. A serious injury or illness could be a lifelong struggle with long-lasting implications. We consider all of the possible costs associated with an injury and then model those to come up with an accurate assessment.
A plaintiff could use our work to justify the amount of damages that they seek. A defendant could also work with us to scrutinize a plaintiff’s damages demands. We arm attorneys with the data needed to make their case in courtThese are just a sampling of some of the areas in which we work. Our litigation support team includes knowledgeable and experienced members who have worked in a wide variety of legal disputes. No matter your issue, we likely have team members who have seen it before.
Our litigation support team would be happy to consult with you on your case. We operate with high levels of integrity, independence and objectivity, so you can be sure that the information you get from us is accurate and free of bias.