Steven Babitsky, Esq.
Attorney Dianne P. Sullivan and Jed P. Winer of Weil Gotshal wrote on Law.com how to bury expert witnesses on cross-examination.
The attorneys advised counsel to dig deep: to uncover points to “bury” expert witnesses. Here is a summary of their suggestions.
- Closely examine the expert’s CV. See where the expert’s articles are published, who funded their research, etc.
- Check all professional organizations. Is the organization open to anyone who pays the fee?
- Research all presentations and lectures. Obtain their PowerPoints and written materials.
- Look for publications not listed on their CV.
- Research job changes. Why did they leave?
- Obtain old versions of the expert’s CV.
- Review prior testimony and reports. Look for impeachment material and “cut and paste” jobs on their reports.
- Search global news databases. Use Factiva for media searches.
- Google them. Set up a “google alert” for the expert.
- Check out their employer. Did they violate the employers’ rule for acting as an expert witness?
- Review the expert’s website. Look for inconsistent statements and utilize “wayback machine” for prior versions.
- Review their bio.
- Check out all licenses and accreditations. Are they valid and up to date? Look for disciplinary actions.
As noted, good trial lawyers are “digging deep” when getting prepared to cross-examine expert witnesses.
For more information, see here: https://www.law.com/newyorklawjournal/2020/03/06/digging-deep-practical-tips-to-bury-an-expert-witness-on-cross-examination/?slreturn=20200211100624
About the Author
Steven Babitsky, Esq. is President of SEAK, Inc. the testifying training company (www.testifyingtraining.com).