Adverse Expert Witness Cross Examination Part 5

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:

5. The expert may not have conducted tests necessary to form the opinions given.

6. The expert may spend more time in court than in the expert’s field of expertise.

7. The expert may be inclined, for financial or other reasons, to be biased toward the sponsoring party’s point of view.

8. The expert may have relied upon the wrong witnesses or evidence in formulating opinions.

9. The expert may concede having no expertise and no opinions on certain issues.

10. The expert may concede that your theory of the case is a reasonable alternative to the expert’s theory.

11. The expert may be willing, even if only reluctantly, to bolster the credentials and opinions of your experts.

12. The expert may recognize certain helpful learned treatises as authoritative.

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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