Adverse Expert Witness Cross Examination Part 4

In Overcome Fear Factor in Adverse Expert Cross-Examination, attorney Quentin Brogdon writes:

In advance of the expert’s deposition, a trial lawyer should gather and process the expert’s CV and report; everything relevant published by the expert; the expert’s relevant prior testimony; information from other attorneys who have hired or faced the expert; relevant authoritative texts and articles in the expert’s area of expertise; Internet references to the expert; references to the expert’s membership in professional organizations; the expert’s criminal record and professional disciplinary history; and the expert’s past representations concerning specific areas of expertise.

During cross-examination of the expert, keep in mind the following:

1. The expert’s education and background may not be as great as claimed.

2. The expert’s conduct may have been questioned by a hospital, professional association, the press, an unhappy former patient or client, or other source.

3. The expert may agree that even experts really do not have the answer to the main issue in the case.

4. The expert may agree with your experts on important points.

Mr. Brogdon’s article appears in The Texas Lawyer, August 15, 2011.  Mr. Brogdon may be reached at qdbrogdon@flbranson.com.

About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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