In the Hot Seat With Our Testifying Experts:

Jennifer Murphy, CPA, CFE, CFF

What do you enjoy most about being a testifying expert?

The thing that I like most about my job is, first, I get to be hired to solve some kind of a puzzle. I love that.

I love getting into data and information, and the story of the case to figure out what the right answer is.

The paradox about our work is that we are independent experts, but we’re hired by one side. So, it’s always a challenge to make sure that we’re keeping that balance, make sure we’re keeping any biases in check.

But the thing I like most is when we get to trial, I know that I am there to work for the jury, to work for the trier of fact.

I am there to serve them, to give them the information that they need to solve this problem, to come to an answer in this case that they feel comfortable with, and that they feel like they understand.

The part I really enjoy and appreciate is when I feel that connection, particularly with the jury—folks who may not have a background in financial accounting or damages and to help them go to where they need to be.

And, if I see a nod and a smile, some kind of recognition that they’re following what I’m saying, that’s the most gratifying part of my job.

What are some challenges of expert testimony that attorneys can help you overcome?

One of the issues we face as accounting experts, damage experts, is we are often brought into a case only to focus on a very specific piece of the case.

We don’t always have—we typically don’t have—all the knowledge of all the facts in the case, so I find that can be a weak spot for me if I don’t know everything I need to know that may relate in some way to the damages that I’m testifying about.

I think where my client attorneys can help me the most is, first, making sure that I am aware of all the issues that may relate to damages. So, that can be knowing what the other side’s theory is going to be so that I can think through that and know what I think about that before I hit the stand.

But it can also be simply where we are in the case. By the time I’m brought in to testify, the jury has heard a number of facts, but I don’t know, frankly, how much they’ve heard at that point.

Knowing where we are in the process of telling the story about the alleged damages and the alleged injury to our client…I think if our attorney clients help fill us in on that, it helps us so that, again, we can tell our story in a way that fits into what the jury has heard thus far. And it also just prevents us from any surprises that may come up in cross-examination.

Jennifer Murphy, CPA, CFE, CFF is a testifying expert with 30+ years of professional accounting experience. She specializes in economic damages analysis for litigation, forensic accounting, fraud investigation and data analytics.