February 18, 2020
Litigation, Products Liability
An expert witness may be difficult for a variety of reasons. The expert may be likeable and persuasive to the jury. The expert may be arrogant and refuse to acknowledge even obvious points. The expert may be openly combative and aggressive. But no matter why the expert is difficult, he or she likely knows more than anyone in the courtroom about a subject relevant to the case. Still, the opposing trial lawyer must examine the expert before the jury. This is a formidable task, even for an experienced trial lawyer who relishes learning and studying each subject a new case presents. But while a trial lawyer may not realistically match the expert’s knowledge and understanding about the subject at hand, the trial lawyer can become an expert in a universally relevant subject: making complex issues simpler by understanding what to emphasize and what to avoid. Becoming an expert in this subject requires extensively preparing for each cross-examination. And deploying this expertise effectively before the jury requires a combination of confidence and humility. The following tips and strategies provide tools to assist you in crafting and executing an effective cross-examination of even a difficult expert witness.
Read the full article here, which was originally published in the January 2020 issue of DRI's For The Defense magazine. ©2020 DRI. All rights reserved.
Republished with permission.
The Between the Lines blog is made available by Mitchell Williams Law Firm and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.