By Mike McCurley, Barry S. Sziklay and Brian W. Clark
The purpose of this paper is to provide attorneys and expert witnesses with the information and knowledge necessary to help a judge or jury understand valuation testimony. The paper consists of three parts. The first part provides the practitioner with practical tips to use in preparing and presenting valuation testimony to a judge or jury. The second part is an analysis of the strengths and weaknesses of a fictitious valuation report. The third part is the actual valuation report itself. The authors of this paper hope that it will be a valuable resource to aid practitioners in understanding valuation reports, preparing and presenting valuation testimony, and attacking and defending expert valuation opinions.
A divorce lawyer for more than 25 years, Mike McCurley is a name partner in the Dallas family-law firm McCurley, Orsinger, McCurley, Nelson & Downing. During his year of service as president of the American Academy of Matrimonial Lawyers, McCurley raised awareness among both parents and legal professionals about the negative effects divorce has on children.
Barry Sziklay, a partner at Friedman LLP, is a nationally recognized valuation and litigation support practitioner with more than 30 years of experience in a broad range of CPA firms as well as within the investment banking industry. He was a founding and managing member of a major New York-area PCAOB-registered financial services firm serving individuals, domestic and international businesses and their attorneys.
Brian Clark is a director in the firm of Kane Russell Coleman & Logan PC, practicing in the Litigation Section. Mr. Clark has substantial experience representing individuals, small businesses and large corporations in a wide range of civil litigation matters in state and federal courts across the state of Texas and around the country.
Reprint with permission.