Warn Your Expert Against Writing

Although in the “real world” scientists changing their minds may be the badge of intellectual honesty, in litigation the expert who backs away from a position or changes an opinion is supplying the opposition with a source of impeachment. Any time the expert makes a written record of his or her thoughts or opinions, the opposition gets a “paper trail” of potential impeachment material. To avoid this, tell your expert to keep writing to a minimum. Continue reading

New Year, New Laws for Civil Litigators

thinkstockphotos-498422290Were you able to keep track of the new legislative changes that will affect California civil litigators? Don’t worry, we did and here’s an overview of some of the key statutory changes you need to know about. Continue reading

4 Tips to Get the Jury Excited About Your Expert

thinkstockphotos-537972277Don’t treat the qualification of your expert as a mere formality. The expert’s qualifications should convince jurors that they’re fortunate to have someone as qualified as the expert to assist them in deciding the case and that your expert is better qualified than the opposing one. Continue reading

The Best Way to Attack an Opposing Expert

57277978You rarely want to attack an opposing expert witness directly. Your best bet during cross-examination is to use peripheral or tangential ways of assailing the expert’s views. Continue reading

4 Ways to Attack Expert Testimony

ThinkstockPhotos-502890083You can always object to the opposing expert’s qualifications or the information on which he or she relied, but don’t forget about using these foundational attacks on an expert’s testimony. Continue reading

Questions to Ask When Deposing an Expert

ThinkstockPhotos-142081160The task of deposing the opposition’s expert is simplified immeasurably by keeping in mind the deposition’s fundamental purpose: to discover all of the expert’s opinions and all of the bases for those opinions. Your goal should not be to impeach the expert but rather to concentrate on learning everything the expert thinks about the case, has been told or learned about the case, and has done or plans to do in connection with the case. To help reach that goal, here’s a checklist of questions to consider asking when you’re deposing the opposition’s expert. Continue reading

Prepare Your Expert to Testify: A Checklist

533402213Whenever you have retained an expert witness to testify in your case—whether in deposition or at trial—you need to prepare yourself and the expert. Don’t just sit back and assume that the expert, who many have testified many times before, has it all worked out. You need to be up to speed on his or her testimony and to make sure the expert has enough information to be effective. Continue reading

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