AuthorRobert Clifford
Qualifying and attacking ExpErt WitnEssEs f-14
The author would like to acknowledge the assistance of Carol Sleeth and David O. Larson of Oakland,
California, who are members of the State Bar of California. He would also like to thank Donna M. Cole at James
Publishing for her assistance throughout this project. Finally, the author would like to acknowledge the helpful-
ness and courtesy of Christopher Cobb of the Monterey County Law Library.
About the Author
Robert C. Clifford resides in Carmel, California. He serves as a consultant to law firms and as an arbitrator
and mediator in insurance and litigation matters. He has been the senior partner of an Oakland, California law
firm where he specialized in general litigation, including real property disputes, personal injury litigation, insur-
ance matters, contract disputes, will contests and estate matters.
In addition to lecturing and participating on panels relating to litigation, he is the author of california
insurancE disputEs, the coauthor of california tr ial tEc hniQuEs, and the author of californ ia unin surEd
Motorist laW. He has also contributed chapters on officers’ and directors’ liability insurance, property insur-
ance, and professional liability insurance to california insurancE laW and procEdurE.
Mr. Clifford has served on the Board of Visitors of the Stanford Law School and is a member of the American
and the California State Bar Associations. He serves on various committees relating to insurance and litigation matters.
This book discusses expert testimony from the selection of your expert (Chapter 1), through your prepara-
tion (Chapter 2), to the testimony of your expert (Chapter 3) and the cross-examination of the opposing expert
(Chapter 4). The final chapter examines the testimony of frequently used expert witnesses.
Throughout the book there are references to federal authorities and particularly to the Federal Rules of Evidence.
The Federal Rules of Evidence have been adopted in substantial part by more than 20 states and many states that have
not adopted the federal rules have enacted similar evidentiary rules. Clearly, however, you must be familiar with the
applicable code provisions and case authorities of your own jurisdiction relating to expert testimony.
Many sections are followed by summaries of representative cases illustrative of the principles discussed.
The cases might not always be appropriate for your jurisdiction, but through key indices and cross-references
you should be able to locate pertinent authority. Because of the number of jurisdictions whose rules of evidence
are based upon the federal rules, federal cases have been emphasized.
The checklists provide reminders and suggestions relating to the section; the tactics comments contain ideas
and strategies that have proved useful to experienced practitioners.
The loose leaf format enables you to supplement the material with appropriate cases from your jurisdiction,
as well as checklists and tactics which have proven helpful in your practice. It is hoped that it will prove to be a
practical, usable book for active trial practitioners as well as those who only occasionally are faced with the need
to qualify or attack an expert witness in court.
Robert C. Clifford

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