Harvard Case - The Expert Witness Dilemma
"The Expert Witness Dilemma" Harvard business case study is written by Aundrea K. Guess, Lowell Broom, James Reburn. It deals with the challenges in the field of Accounting. The case study is 23 page(s) long and it was first published on : Mar 1, 2016
At Fern Fort University, we recommend that Professor Jones should decline to be an expert witness in the case. By doing so, he can avoid potential conflicts of interest, maintain his academic integrity, and protect the reputation of the university. We also recommend that the university implement a clear policy regarding faculty involvement in legal cases, providing guidelines for conflict of interest management and ethical considerations.
2. Background
This case study centers around Professor Jones, a renowned accounting expert at Fern Fort University, who has been approached by a law firm to act as an expert witness in a high-profile accounting fraud case. The case involves a publicly traded company, Acclaim Industries, and the potential for significant financial damages. Professor Jones is torn between his desire to assist in uncovering the truth and his concerns about potential conflicts of interest and the impact on his academic reputation.
The main protagonists in this case are Professor Jones, the law firm representing the plaintiff, and Acclaim Industries. The case highlights the ethical dilemmas that can arise when academic experts are asked to participate in legal proceedings.
3. Analysis of the Case Study
This case study can be analyzed using a framework that considers both the ethical and practical implications of Professor Jones' decision. We can use the following framework:
Ethical Framework:
- Conflict of Interest: Professor Jones' potential involvement as an expert witness raises serious concerns about conflict of interest. His role as an academic expert could be compromised if he is perceived as biased towards one side or the other.
- Academic Integrity: Professor Jones' reputation as a respected accounting expert is crucial to his academic career. Involvement in this case could potentially damage his credibility and reputation if his findings are challenged or questioned.
- University Reputation: Fern Fort University's reputation for academic excellence could be negatively affected if Professor Jones' involvement in the case is perceived as unethical or biased.
Practical Framework:
- Legal Implications: Professor Jones' involvement as an expert witness could expose him to potential legal liabilities, especially if his testimony is challenged or found to be inaccurate.
- Time Commitment: Acting as an expert witness can be a significant time commitment, potentially diverting Professor Jones from his teaching and research responsibilities.
- Financial Considerations: While Professor Jones may be compensated for his services, the potential financial gains may not outweigh the risks and potential consequences.
4. Recommendations
- Professor Jones should decline the request to be an expert witness. This decision aligns with ethical principles and safeguards his academic integrity and the university's reputation.
- Fern Fort University should develop a clear policy regarding faculty involvement in legal cases. This policy should address conflict of interest management, ethical considerations, and procedures for seeking approval for such engagements.
5. Basis of Recommendations
- Core Competencies and Consistency with Mission: Fern Fort University's mission is to promote academic excellence and integrity. Professor Jones' involvement in this case could potentially compromise these core values.
- External Customers and Internal Clients: Professor Jones' students and colleagues are external and internal clients, respectively. His involvement in this case could potentially damage his credibility and reputation within the university community.
- Competitors: Professor Jones' involvement in this case could be perceived as a conflict of interest by other universities and institutions, potentially damaging Fern Fort University's reputation.
- Attractiveness: While the financial compensation may be attractive, the potential risks and consequences outweigh the potential benefits.
6. Conclusion
Professor Jones' decision to decline the request to be an expert witness is the most ethical and practical choice. This decision protects his academic integrity, the university's reputation, and minimizes potential legal and financial risks. By implementing a clear policy regarding faculty involvement in legal cases, Fern Fort University can proactively address ethical dilemmas and protect its reputation.
7. Discussion
Alternative options include accepting the request to be an expert witness with strict conditions, such as disclosing potential conflicts of interest and seeking approval from the university. However, these options still carry significant risks and may not fully mitigate the ethical concerns.
The key assumption underlying this recommendation is that Professor Jones prioritizes his academic integrity and the university's reputation over potential financial gains. The risks associated with his involvement in this case are substantial, and the potential for negative consequences outweighs the potential benefits.
8. Next Steps
- Professor Jones should inform the law firm of his decision to decline the request.
- Fern Fort University should initiate the process of developing a policy regarding faculty involvement in legal cases. This process should involve input from faculty, administrators, and legal counsel.
- The university should communicate the new policy to all faculty members. This communication should emphasize the importance of ethical considerations and conflict of interest management.
By taking these steps, Fern Fort University can ensure that its faculty members are guided by ethical principles and that the university's reputation for academic excellence is maintained.
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Case Description
Dr. Jonathan Strauss, Accounting Professor was contacted by a group of attorneys and asked to be an expert witness in the Jefferson County Bankruptcy Filing case. The situation had been in the news for over two years. Corruption of every kind had led to several Commissioners, contractors and others being fined and/or sent to jail for their part in the corruption. JPMC was sanctioned by the SEC and fined for their involvement in the case. Strauss discovered there was more than one interpretation of how GASB 34 and GASB 58 could be applied to issues that were integral to the Jefferson County bankruptcy trial. Strauss was being asked to testify as an expert witness on those very issues. While Strauss found the issues being evaluated interesting and the work financially rewarding, he had to decide whether he could support the particular position on those issues that the attorney's representing Jefferson County wanted him to take. He knew if he did decide to testify, his testimony would be subjected to detailed scrutiny by highly skilled professionals representing the counter parties in the litigation. He also knew that if he made a mistake in developing the support for his position, it was very likely that his errors would be highly publicized in the national financial press because of the significance of the case. Users of this case will be asked to put themselves in Strauss's shoes and determine whether a particular position can be sufficiently supported to justify the risk of testifying in bankruptcy court in such a high profile litigation.
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