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Winning Strategies to Depose an Expert Witness

In order for a lawyer to remove an expert witness from the case, he or she must understand the subject matter within the situation fully and know when the professional is not as knowledgeable or understanding. Some experts are not the proper individuals to present testimony in the courtroom, and it is the task of the lawyer to root out these potential imposters.

In deposing an expert witness, the lawyer must remain observant and vigilant. If the professional deviates from his or her statements and opinions, it is necessary to bring this to light. In the courtroom, the expert may now understand how he or she may counter what he or she said previously or why it could lead to a challenge. However, the lawyer may provide a better opportunity for his or her client or in seeking justice by deposing an expert witness that is inconsistent. Other matters such as deception and lies could cripple the professional if the lawyer is able to challenge and win the claim of the facts.

Knowing the Audience

When the lawyer must depose an expert witness, he or she must remember who the audience in the courtroom is. This could remain only a judge, but many courtroom cases involve a jury panel. It is important to ensure that everything
progresses for an average person with little knowledge about what the expert or lawyer may speak. With this in mind, the lawyer may break down what the professional explains and turn it against him or her in a way that the judge or jury will understand and comprehend. The end result should keep all opinions and words simple and at a level that anyone without the specialized knowledge could recognize.

The Expertise of the Professional

Some experts used for a case lack the expertise necessary to remain a designated expert witness depending on their background and experience. If one medical professional has the task of explaining certain administration matters about a claim involving the paperwork, he or she may only know what someone working at the desk could tell him or her instead of having the expertise in the matter. Knowing less than is necessary often leads to disqualification. The expert should possess the relevant knowledge and have reliable testing methods to put evidence to for the subject matter.

The Stance of the Expert

It is important for the opposing legal counsel to know everything about the expert as possible if he or she wants to increase the chance of deposing him or her. This could lead to reading the professional’s book, peer reviews about his or her methods and drawing conclusions based on the material researched. Contradictions in opinions and facts about certain materials are important to depose the expert from the case. This path could provide the means to undermine the qualifications or credibility of the expert to the judge so that the judge will remove the expert from the case.

Taking the Expert’s Place

A lawyer that want to attempt to depose another professional may need to take his or her place in understanding and knowing about the subject matter. The legal expert needs to become the expert witness’ rival in information. For the lawyer, this will often require extensive time devoted to a single subject for the specific case such as medicine, engineering or construction. Which as much as the expert has at his or her disposal, the lawyer may know when the witness is telling the judge a falsehood or misconstrues the facts. Then, he or she can call out the expert on various statements.

Investigating the Situation

Investigations into the expert may provide the lawyer with an understanding of how the professional works or lies to the court. The expert may not have received qualification as an expert in the subject matter previously in the courtroom. The professional may not have all the credentials he or she professes or could use underhanded techniques to remain in the courtroom. Some experts are not active due to a professional suspension. Others are going through an investigation or lawsuit for professional violations. Uncovering these issues is important to depose the expert.

The Lawyer Deposing the Expert

Finding out everything possible about the expert may provide the opportunity to depose him or her. This could include prior
relationships, if there is a conflict of interest and if any information supplied to the courtroom from the professional is false or invalid. These help to depose him or her.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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