Attacking Adverse Experts

by Easton, Stephen D.

• ISBN13: 9781604421149
• ISBN10: 1604421142
• Edition: CD
• Format: Package
• Copyright: 2009-06-16
• Publisher: American Bar Association

Summary

It is a situation you and other civil litigators know all too well. You have an expert witness who will testify in support of your case on the key issue, but your opponent has one, too. You are convinced your expert is right and the adverse expert is, therefore, wrong. But he is, nonetheless, an intimidating adversary. He has impressive qualifications. He is an effective communicator who has a long track record of successfully testifying in jury trials. How are you going to show the jury he is wrong?

Table of Contents

About the Author	p. viii
Acknowledgments	p. xi
Overview	p. 1
Gathering Relevant Information
Understanding Your Expert Discovery Goals	p. 7
Pursuing Expert Discovery in Traditional ("Pre-1993") Jurisdictions	p. 17
Pursuing Expert Disclosure and Discovery in Federal and Other "Post-1993" Jurisdictions	p. 45
Piercing Overstated Work Product Claims	p. 113
Investigating the Adverse Expert Yourself	p. 153
Leveraging Your Own Expert (and Others) in Attack Mode	p. 177
Deposing the Adverse Expert
Preparing to Depose Their Expert	p. 197
Battlefield Questioning Techniques for Expert Depositions	p. 249
Selected Samples from an Adverse Expert Deposition	p. 271
Post-Deposition Assessment: Determining How to Attack the Adverse Expert at Trial	p. 291
Moving to Disqualify the Adverse Expert
Filing a Motion to Disqualify Their Expert	p. 309
Motions to Exclude or Limit the Adverse Expert's Testimony on Procedural Grounds	p. 371
Launching Your Attack
Selecting the Most Receptive Jurors for Your Attack	p. 391
Undermining Their Expert in Your Opening	p. 423
Attacking Their Expert in Your Case-in-Chief	p. 439
Crossing the Adverse Expert
Preparing for a Successful Expert Cross: The Basics	p. 477
Showing that the Adverse Expert Is Wrong	p. 491
Attacking the Adverse Expert's Credibility (Including Competence)	p. 519
Conducting Mid-Trial Expert Discovery (If Needed)	p. 577
Applying Irving Younger's "Ten Commandments" to Your Cross of Their Expert	p. 585
Sample Cross of an Adverse Expert	p. 635
Finishing the Job
Arguing Against Their Expert in Closing	p. 701
Appeals Concerning Adverse Expert Testimony	p. 721
Final Thoughts About the Importance of Attacking Incorrect Experts	p. 743
Index	p. 747
Appendix (On Compact Disc)
Checklists and Outlines
Independent Investigation Checklist (from Chapter 6)
Checklist of Subjects Your Expert Needs to Teach You (from Chapter 7)
Expert Deposition Outline (from Chapter 8)
Pretrial Checklist (from Chapter 11)
Checklist of Questions to Ask About Experts (from Chapter 12)
Cross-Examination Outline (from Chapters 17-20)
Charts (of the Law of Multiple Jurisdictions)
Expert Discovery and Disclosure Chart
Work Product Chart
Expert Evidence Law Chart
Expert Cross-Examination Law Chart
Jury Instructions Chart
Expert Appeals Chart
Outlines (of the Law for Attorneys in Specified Jurisdictions)
The 50 States and the District of Columbia, Guam, Puerto Rico, and the Virgin Islands
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