The past can haunt expert witnesses

BVWireIssue #145-5
October 29, 2014

Understanding the cross-examiner’s objectives can help an expert witness prepare to take the stand, according to an article by Gary Birnbaum, J.D.(Dickinson Wright PLLC),and Vail Cloar, a law clerk with the Arizona Supreme Court. The article, “Seven Tips for Surviving Cross-Examination,” warns expert witnesses not to underestimate the cross-examiner.

Prior statements: A skilled trial lawyer will review an expert’s written work and prior testimony to find inconsistencies. “Electronic databanks and public records requests make it quite easy to see what an expert has said in the past,” says the article. Therefore, do not assume that this will slip under the radar.

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