Four Strategies for Deposing Experts
Expert witnesses demonstrate a strong command of their field by navigating challenging questions during depositions, often providing detailed, technical explanations that reflect their deep expertise. Jeffrey Klenk outlines a clear, tactical approach for attorneys to stay in control and extract meaningful testimony. He offers four key strategies:
- Learn the fundamentals. Gain enough of an understanding of the opposing expert’s field to recognize evasive or nonsensical answers. Collaborate with your own expert to build this foundational knowledge.
- Focus on critical issues. Identify issues that could impact the case outcome, and concentrate your limited deposition time there. Don’t waste time on every opinion in the expert’s report.
- Ask precise questions. Avoid vague or overly broad questions. Craft specific, fact-based questions that limit the expert’s ability to respond with generalities or avoid the issue altogether.
- Clarify limits and assumptions. Use the deposition to define the boundaries of the expert’s opinions and uncover any assumptions or calculations that may lack a solid basis—helping prevent surprises at trial.
When paired with thoughtful preparation and collaboration with your own expert, these strategies can significantly improve the effectiveness of your cross-examinations.
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