Adverse Expert Witness Cross Examination Part 6

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:

13. The expert may be willing to criticize co-defendants or co-plaintiffs of the party sponsoring the expert.

14. The expert may lose credibility by defending outrageous conduct on the part of the sponsoring party.

15. The expert may render different opinions when assumptions are varied.

16. The expert may not have been thorough in formulating opinions.

17. The expert may concede that there are legitimate differences of opinion within the peer-reviewed literature.

18. The expert may concede that the opinion offered is largely subjective, as opposed to objective.

19. And the expert’s opinions may be inconsistent with the expert’s prior testimony.

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.

No comments yet... Be the first to leave a reply!