Reduce the Credibility and Effectiveness of Your Opponent's Expert
Proficiency studies for many types of expert analysis show a disturbingly large number of mistakes. Intelligent probing can uncover many of these mistakes.
Let Robert Clifford’s Qualifying & Attacking Expert Witnesses show you how to dig deep for unreliable testimony, no matter how sterling the expert’s credentials. The book details dozens of high-potential attacks, including:
- Failure to consider other causes
- Subjective testing
- Insufficient sample
- Anecdotal evidence
- Temporal relationship
- Erroneous extrapolation
- Research prepared for litigation
- And others
Perhaps no litigation task is more important than diluting the effect of the opposition’s expert. Qualifying & Attacking Expert Witnesses devotes 200 pages to tactics, cases, and checklists specific to these experts:
- Appraisers
- Contractors
- Criminologists
- Doctors
- Document examiners
- Economists
- Employment experts
- Insurance experts
- Linguists
- Psychologists
- Physical facts experts
- Transportation engineers
The book's organization makes it easy to find information you need and tactics that will work. Example Q & A illustrate methods of attack specific to different types of experts. Bulleted lists of practice-proven tactics are found every few pages. Much of the book's advice is boiled down into step-by-step checklists. Key points are well-supported with detailed relevant cases.
Just a few of the tips and tactics found in the book include:
Selection
- Finding persuasive experts. §130
- Controlling expert witness costs. §151
- Cheap substitutes for experts. §152
- Avoiding conflicts of interest. §160
Discovery
- Deposition preparation. §202
- Deposition instructions for your expert. §211
- Disclosure of expert’s work product. §242
Trial
- Sample voir dire questions. §301.1
- Qualification questions that keep the jury focused. §334
- Presentation checklist. §330
- Demonstrative evidence rules and considerations. §332
- Daubert tactics. §345.2
- Challenges to computer-generated information §346, government reports §346A, and industry standards §347
- Objections to cross-examination. §348
Attacking the expert
- Pretrial challenges to scientific expert testimony. §406
- Checklist for establishing unreliability. §415
- Preparing the expert witness trial binder. §422
- Checklist of bases for motion in limine. §423.1.4
- Grounds for disqualifying the opposing expert. §424 et seq
- Objections to direct testimony. §425
- Checklist for effective cross-examination. §431
- Fruitful areas of cross-examination. §433
- Tactics for showing lack of basis for opinion. §443
- Restricting demonstrative evidence. §470
Use expert witness testimony to your advantage, even your opponent's expert. This briefcase-sized book offers tactics, checklists and case law that make easy work of preparing to deal with expert witnesses from initial discovery to trial.
Qualifying & Attacking Expert Witnesses
