Search

Attacking the Expert’s Opinion at Deposition & Trial

Adverse experts are typically the most dangerous witnesses and, at the same time, the most vulnerable. Most dangerous because they testify cloaked in the mantle of the “unbiased scientist”; thus their testimony – if accepted by the trier-of-fact – can determine a major issue, maybe the entire case. Yet most vulnerable because, unlike fact witnesses who must defend only their first-hand observations, expert witnesses must defend their testimony from attacks on a dozen fronts.

Not included in IICLE® Online All-Access subscription.
Credits: 9 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR

Expires: 3/1/2023
9 MCLE

Adverse experts are typically the most dangerous witnesses and, at the same time, the most vulnerable. Most dangerous because they testify cloaked in the mantle of the “unbiased scientist”; thus their testimony – if accepted by the trier-of-fact – can determine a major issue, maybe the entire case. Yet most vulnerable because, unlike fact witnesses who must defend only their first-hand observations, expert witnesses must defend their testimony from attacks on a dozen fronts.

As seasoned litigators from all areas of practice have attested (thousands of rave reviews here), this presentation elucidates the one-and-only logical method with which to effectively attack the (purported) scientific merits of any adverse expert’s opinion … no matter their field of (purported) expertise. Never again be the slightest intimidated when cross-examining any expert, even a “Mt. Olympus” one … at deposition or in trial.

Principal Discussion & Teaching Points:

  •         Deposition cross-examination logic applied to experts
  •         When attacks against the expert should be played at deposition
  •         The structure of every opinion: O = R + 2F
  •         End point opinions & subordinate opinions
  •         Bedrock findings & bedrock assumptions
  •         Cross-examiner’s critical listening skills
  •         5 categories of expert opinions
  •         2 must-be-asked questions
  •         10 types of expert rules
  •         X & Y factors defined
  •         Scientific rules & Sir Francis Bacon
  •         Experiential rules & the “you-gotta-trust-me” expert
  •         Attacking the scope of expert’s expertise
  •         Non-expert rules
  •         Understanding expert’s weighing process
  •         2 incredibly important – and easy to master – techniques
  •         Attacks vs. expert’s claims re X factors
  •         The “certainty scale” & 2 archetypal arguments
  •         6 sources of assumptions
  •         7 potential flaws re the expert’s assumption
  •         Attacking expert’s findings derived through expert means
  •         Attacking expert’s findings derived through non-expert means
  •         Expert’s 3 – and only 3 – attacks vs. Y factors:

o   Relevance
o   Not established
o   Weight

  •         Attacking expert’s double standard re case/career
  •         The perfection line of questioning

Robert Musante is the country’s foremost teacher of deposition cross-examination. He has taught the logic essential to taking great adverse depositions – of fact witnesses and experts – to more than 50,000 litigators in 44 states. He has made in-house presentations to the attorneys-general of 11 states and to the partners and associates of 100+ litigation law firms. (More info re Robert here.)

e-learn
SKU: P2114-21E
$300.00
decrease increase

Expires: 3/1/2023
9 MCLE

Adverse experts are typically the most dangerous witnesses and, at the same time, the most vulnerable. Most dangerous because they testify cloaked in the mantle of the “unbiased scientist”; thus their testimony – if accepted by the trier-of-fact – can determine a major issue, maybe the entire case. Yet most vulnerable because, unlike fact witnesses who must defend only their first-hand observations, expert witnesses must defend their testimony from attacks on a dozen fronts.

As seasoned litigators from all areas of practice have attested (thousands of rave reviews here), this presentation elucidates the one-and-only logical method with which to effectively attack the (purported) scientific merits of any adverse expert’s opinion … no matter their field of (purported) expertise. Never again be the slightest intimidated when cross-examining any expert, even a “Mt. Olympus” one … at deposition or in trial.

Principal Discussion & Teaching Points:

  •         Deposition cross-examination logic applied to experts
  •         When attacks against the expert should be played at deposition
  •         The structure of every opinion: O = R + 2F
  •         End point opinions & subordinate opinions
  •         Bedrock findings & bedrock assumptions
  •         Cross-examiner’s critical listening skills
  •         5 categories of expert opinions
  •         2 must-be-asked questions
  •         10 types of expert rules
  •         X & Y factors defined
  •         Scientific rules & Sir Francis Bacon
  •         Experiential rules & the “you-gotta-trust-me” expert
  •         Attacking the scope of expert’s expertise
  •         Non-expert rules
  •         Understanding expert’s weighing process
  •         2 incredibly important – and easy to master – techniques
  •         Attacks vs. expert’s claims re X factors
  •         The “certainty scale” & 2 archetypal arguments
  •         6 sources of assumptions
  •         7 potential flaws re the expert’s assumption
  •         Attacking expert’s findings derived through expert means
  •         Attacking expert’s findings derived through non-expert means
  •         Expert’s 3 – and only 3 – attacks vs. Y factors:

o   Relevance
o   Not established
o   Weight

  •         Attacking expert’s double standard re case/career
  •         The perfection line of questioning

Robert Musante is the country’s foremost teacher of deposition cross-examination. He has taught the logic essential to taking great adverse depositions – of fact witnesses and experts – to more than 50,000 litigators in 44 states. He has made in-house presentations to the attorneys-general of 11 states and to the partners and associates of 100+ litigation law firms. (More info re Robert here.)

Products specifications
Program Date3/5 & 3/12/2021
Products specifications
Program Date3/5 & 3/12/2021
Filters
Sort
display