Opposing the adverse expert : a comprehensive guide for every stage of litigation

Opposing the Adverse Expert is a step-by-step guide to investigating, evaluating, and opposing the adverse expert in civil cases. It outlines tactics you can use to gather information about the adverse expert, both in the discovery process and on your own to: - take effective expert depositions; - evaluate the adverse expert's analysis of the key issues; - move to exclude his testimony; - conduct devastating cross-examinations of incorrect experts; - make the most of your voir dire, opening statement, and closing argument; - and even to advocate powerfully about expert issues on appeal. Purchasers of the book gain access to our website, which includes checklists you can put to immediate use in your practice, outlines for expert depositions and cross-examinations, nationwide charts of expert witness law, and state outlines with numerous citations to key expert witness rules, cases, and pattern jury instructions.

Overview -- Understanding your expert discovery goals -- Pursuing expert discovery in traditional ("pre-1993") jurisdictions -- Pursuing expert disclosure and discovery in federal and other "post-1993" jurisdictions -- Attempting to overcome work product claims -- Investigating the adverse expert yourself -- Leveraging your expert against your opponent's -- Preparing to depose their expert -- Battlefield questioning techniques for expert depositions -- Selected samples from an adverse expert deposition -- Post-deposition assessment : determining how best to handle the adverse expert at trial -- Filing a motion to disqualify their expert -- Motions to exclude or limit the adverse expert's testimony on procedural grounds -- Selecting the most receptive jurors to "see through" faulty experts -- Undermining their expert in your opening as appropriate -- Dealing with their expert in your case -- Preparing for a successful expert cross : the basics -- Showing that the adverse expert is wrong -- Undercutting the adverse expert's credibility (including professional competence) -- Conducting mid-trial expert discovery (if needed) -- Applying Irving Younger's "Ten Commandments" to your cross of their expert -- Sample cross of an adverse expert -- Arguing against their expert in closing -- Appeals concerning adverse expert testimony (with advice on preserving objections at trial) -- Final thoughts about the importance of unmasking shady experts and countering incorrect opinions.