How Does a Thorough Lawyer Prepare for Cross Examination Attacks on Expert Witnesses?

Let's talk about the weaponry given to attorneys in law school for treating expert witnesses during cross examination

. Some of these techniques may not apply to you, or even to your sphere of expertise, but they are common approaches used by attorneys. Give them some thought and prepare to handle questions based on these approaches.

The opposing attorney may ask you any number of the following types of questions, and not in any particular order. The best way to defend against probable attacks during cross examination is to become familiar with the most common forms, and to know the examining lawyer's goals. Having answers to those anticipated questions will reduce your stress and minimize the likelihood of falling prey to well-known cross examination methods.

Attorneys with an inclination toward thoroughness and preparedness will do their homework before questioning you. They will learn things about you and your previous work, as well as any testimonial efforts, in several ways. Note the following items to prepare for the types of strategies a methodical opposing lawyer might take:

* He may ask his own expert what he or she knows about you in your mutual specialty.

* He may speak to attorneys who worked with or against you in previous cases.

* He may assign support staff, or hire graduate students in your field, to learn of any weaknesses you may have. To do so, they may:

- Secure copies of advertising you use to promote your services.

- Search publications in your specialty for quotations from you, or your colleagues at the same company or school where you work.

- Find and review your previous writings and testimony. You should realize that even though Rule 26 requires you to disclose publications in the last 10 years and testimony in the last four years, attorneys are not constrained to asking you questions solely within those years. If their research finds that you have previous publications or previous testimony, they may ask you questions about anything they find in those previous writings and testimony.

- Look for contradictory public remarks on issues similar to this case that may have appeared in the body of any speeches or seminars that you may have delivered or even have scheduled for delivery.

- Use a search engine to find websites that reference your name. Then, they will look for any discrepancies between credentials listed there and your CV.

* Finally, attorneys will probably discover the names of existing peer-reviewed publications in your field. Be aware of the existence of these peer-reviewed publications as well as what they say about your methodologies.

In an effort to use Daubert criteria to challenge the admissibility of your testimony, attorneys look for on point articles that discuss the methodology you have used.

You cannot rely on incomplete or evasive answers about your own methodologies as compared to the authoritative ones discussed in peer reviewed publications. Knowing about the existence of such articles will help you anticipate questions during cross examination. In addition, if you have done this research before you even reach the investigation and reporting phase, you will have made your earlier work even more strong.

How Does a Thorough Lawyer Prepare for Cross Examination Attacks on Expert Witnesses?

By: Judd Robbins

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