How a Trial Attorney Prepares to Cross-Examine an Expert
By James J. Mangraviti, Jr., Esq.
Attorneys typically go through a three-step process when they prepare for cross-examination of an adverse expert witnesses. This three-step process includes the following.
First, the attorney prepares a detailed investigation of the expert. This could include the following:
a careful review of the expert’s CVs, education, writings, and presentations,
a careful review of the expert’s Rule 26 or other written reports,
a careful review of the expert’s prior testimony in the case at hand and other cases,
Internet searches,
a careful review of the expert’s Web pages and social media, and
hiring a private investigator to “dig up dirt” on the expert.
Second, the attorney will analyze the above information to decide where the expert is likely to be vulnerable during cross-examination.
Third, the attorney will strategize for the cross-examination of the expert witness. This usually involves the following steps.
The attorney asks himself if he should cross-examine the witness at all. Will doing so do more harm than good?
Establishing the goals of the cross-examination. These could include eliciting admissions, concessions, or facts that support counsel’s case; undermining the expert’s credibility; and destroying the expert.
Finding an “X factor” to use against the expert.
Constructing a plan to start strong and to end strong.
By Karen Cerbarano|2023-07-06T11:25:37-04:00January 11th, 2017|Blog, Testimony|Comments Off on How a Trial Attorney Prepares to Cross-Examine an Expert