When is expert investigation required?
A lawyer is the master of law, the master of words, the master of arguments, but does not always master the facts. When it comes to financial economic issues, a (party) expert, whether or not within the lawyer’s file, can therefore provide for the lawyer’s lack of knowledge and expertise. But, perhaps much more effectively, pointing out and demonstrating the lack of it in another party.
A lack of facts can turn litigation into a tombola. Facts are what make or break law. But the one who provides the facts should be a credible, experienced party, and preferably one with a good reputation. With 11 years of experience in a legally oriented work environment (Tax and Customs Administration and Loyens & Volkmaars) and 25 years in private forensic accountancy, regularly as a party or legal expert, Peter Schimmel has sufficient background.
What this means
for a lawyer
Various types of arrangements are possible with and for lawyers, within the limits that apply to accountants:
- As an independent accountant, acting in the best interests of the ultimate client.
- As a party expert who reports independently, both in civil and criminal cases, hired directly by the client or by the attorney. In the latter case, the right to refuse to give evidence may apply and the accountant is not always subject to the obligation to report under the Wwft (Prevention of Money Laundering and Terrorism Financing Act).
- As ‘loaned staff’, where the lawyer is dominus litis and the results of the accountant’s work are not expressed as such, but as expressions of the lawyer.
In my career, I have successfully acted as an expert in many cases. An overseer often played an important role in this, whereby the reputation and prestige of the investigator is an important factor in maintaining trust. Almost all cases are confidential, but if you would like to obtain referrals, I can give you the names of a number of lawyers who are happy to provide them.
“Peter did a really good job on that whole case. He even did a fantastic job at the hearing. He can present himself well and that is of great value in a criminal trial. He had also prepared himself very well.”
Quote from a lawyer
“Peter operates in a market segment where there's not very much competition. I'd certainly come back to him for a similar case and recommend him to others.” About the cost, he said: “Was it expensive? Definitely. Was it too expensive? No.”
Quote from a lawyer
Responsible and enlightening fact-finding and circumstantial investigation provides peace and certainty and puts you ahead of the game
Start in time!
What does expert investigation mean for lawyers?
(Dutch video, no subtitles)
Consultation is always without obligation, free of charge and starts by phone