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.
Conclusion
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).
