Be Prepared for Testimony With an Expert Deposition Checklist

I have a 3rd degree black belt in jujitsu, with many related studies of other martial disciplines. Skills I learned in the dojo have served me quite well over the years of being an expert witness. One attorney even hired me for a 250 million dollar lawsuit because he felt that this background would enable me to more calmly react to what he expected to be an aggressive testimonial experience for any expert.
What may be simple for me to resist might be impossible for someone without the necessary preparation. This applies equally well to a physical attack by an opponent on the mat or a verbal attack from a lawyer in a deposition or trial. Anticipation of relationship between law ethics and morality these kind of questions is fundamental to a martial artist’s training. As an expert witness, you will need to similarly anticipate what lawyers may ask you regarding your work, your background, your investigation, your report, and your testimony.
Lawyers often prepare their questions by creating a starter series of generic questions in the form of a checklist. You should peruse the Expert Deposition Checklist found at the link in the resource box below.
Although your C.V. may already contain many of the answers, you should expect that they may ask you in deposition or trial to answer these questions nevertheless. Lawyers will often start by asking you personal questions regarding your professional background and job experience. You should know these things instantly. Questions about education, licenses, and certifications are also fair game, and you should have the answers at the tip of your tongue. Questions about your publication history and any prior expert witness experience are natural follow on questions. You should equally be instantly conversant and ready to answer confidently about all of these. If you were a attorney, what would you think of an expert who hemmed and hawed about a book (s)he spent a year writing, or a job (s)he spent three years working at?
You should have kept careful records regarding your specific retention in each matter in which you are an expert, and in which you have been retained as either an expert witness or expert consultant. You should be fully ready to express your expert opinions when asked. As the questioning becomes more detailed, and the dangers of weak responses become more obvious, you need to have pre-thought business law topics 2019 out reasonable answers to potential questions. For example, the Checklist ends with a section about verbal directions from attorneys. Some of the possible conversations you had with your retaining attorney may be problematic, and some of the potential actions of your retaining attorney could very well be damaging, such as attempts to influence the specific content of your expert report.
The checklist does not contain the answers. But it does include a significant number of questions that lawyers are taught to ask or consider asking. If you read through it with an eye toward your own answers, you will be well prepared for the possibilities. Your success during depositions and trials relies greatly on preparation and anticipation, exactly as it does in a martial arts context. All in all, the referenced expert deposition checklist is a useful resource for your preparations for both depositions and trials. Read it completely to better prepare for the scope of an attorney’s questions in both settings.

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