Attorney James Mizgala speaking at the SEAK National Expert Witness Conference explained:

  1. A.    How opposing counsel prepares to take your deposition
  • The lawyer taking your deposition will be intimately familiar with your report.  By the time of your deposition, he or she will also:

–       Know your background.

–       Understand the role you play in your client’s case.

–       Understand the materials you relied on and reference.

–       Analyze your testimony in prior cases (and decisions admitting or excluding it).

–       Identify potential arguments for your exclusion.

–       Develop a list of key admissions or concessions that undermine your qualifications and methodology.

  1. B.    How experts should prepare for their deposition
  • In large part, opposing counsel wants to show that your method is unreliable.
  • Preparation before the deposition can prevent this:

–       Familiarize yourself with your report, the materials you relied on, and your references (and be prepared to explain why you didn’t rely on or refer to others).

–       Succinctly explain your methodology in terms that laymen can understand.

–       Clearly and concisely articulate how you applied your methodology to the facts at hand.

–       Anticipate potential challenges to your methodology and conclusions.

Attorney Nadine Nasser Donovan will be speaking at the SEAK 2014 National Expert Witness Conference on May 3rd in Orlando, FL on “How to Prepare to Testify at Deposition and Trial.” For additional information, visit