Preliminary Sections

• Author: David J. Galluzzo/Robert Clifford
• Pages: 1-15

Qualifying & Attacking

Expert Witnesses

by David J. Galluzzo and Robert Clifford

HIGHLIGHTS

Make the most of your expert’s testimony and expose the flaws in the opposing expert’s testimony with the tac-

tics, checklists, sample questions, and case law in Qualifying and Attacking Expert Witnesses.

New in this edition are 25 new or substantially revised sections including:

Tactics for Deposing Expert Witnesses (with illustrative excerpts):

• Establish what the expert does not know. §415.2

• Use the expert’s publications to gain concessions. §415.3

• Use speculation to illustrate weaknesses in the expert’s opinion. §415.4

• Use your outline, but don’t be bound by it. §415.5

• Shuffle your questions to minimize predictability. §415.6

• Combine different topics strategically. §415.7

Strategies for Cross-Examining Expert Witnesses (with illustrative excerpts):

• Capitalize on your superior knowledge of facts and law. §431.1

• Challenge expert on no more than 5 key points. §431.2

• Cite inconsistencies in prior statements. §431.3

• Probe for collateral weaknesses. §431.4

• Know when to stop. §431.7

• Cross-examination checklist. §431.6

Preparation for Cross-Examination

• Be prepared to offer to offer exhibits and/or prior testimony in support of each expected answer. §431.8

Attributes to Look for When Choosing your Expert

• Communicative skills §121.1

• Honesty§121.2

• Body language§121.3

• Reputation§121.4

• Time and availability§121.5

• Attitude§121.6

• Academic vs. practical experience§121.8