Litigation-support and disputes advisory
Litigation-support and disputes advisers provide economic, financial, accounting, industry and evidentiary analysis for arbitration, litigation, mediation and settlement.
Definition
Litigation Support & Disputes Advisory is specialist assistance to counsel, parties, tribunals and courts concerning fact development, expert analysis, damages, valuation, accounting and the management of complex dispute information.
Overview
The category ranges from document and data support to independent expert testimony. Experts owe duties defined by the forum and should distinguish advocacy from independent opinion. Advisers must work within counsel’s legal strategy while maintaining analytical reproducibility, clear assumptions and appropriate treatment of uncertainty.
Scope of advisory work
Quantum and valuation
Damages, lost profits, valuation, interest and scenario analysis.
Accounting and evidence
Books and records, tracing, reconstruction and data analytics.
Proceeding support
Expert reports, rebuttal, hearing preparation and settlement analysis.
Typical engagement
- Issues: understand claims, legal tests, forum, timetable and available evidence.
- Preserve and organize: establish reliable documents, data and analytical records.
- Analyse: develop methods, assumptions, counterfactuals and sensitivity tests.
- Report: present opinions, evidence, limitations and calculations clearly.
- Testify or settle: support examination, rebuttal, hearing and negotiation.
Important distinctions
| Category | Primary question | Typical context |
|---|---|---|
| Consulting expert | Assists counsel without necessarily giving testimony. | Privileged analytical support |
| Testifying expert | Provides an independent opinion to the decision-maker. | Expert evidence |
| Forensic investigation | Establishes facts surrounding suspected events. | Fact development |
| Legal counsel | Advises on law and represents the party. | Legal strategy |
Related categories
The Economy rankings
See the latest Litigation Support & Disputes Advisory ranking and the associated profiles of ranked firms on Advisory Ranking.
Sources and further reading
View sources and editorial notes
- ISO 31000, Risk management — Guidelines.
- Relevant financial, enforcement, data-protection and sector regulators in the applicable jurisdictions.
- Professional standards for investigations, assurance, disputes and crisis management.
Editorial note: This entry explains a professional-advisory category. Requirements and professional responsibilities vary by jurisdiction and mandate.