Inside the Cross-Examining Attorney’s Mind

During preparation as an expert witness for trial, it’s crucial to anticipate the potential strategy and line of questioning of the opposing counsel. Many expert witnesses role-play the scenario in advance with a colleague standing in for the attorney to uncover hidden weaknesses in their preparation and to quell nerves. While years of acting as an expert witness can leave one feeling like they’ve seen it all in the courtroom and know all the tricks opposing counsel likes to play, that’s no substitute for being inside a lawyer’s mind. When the stakes are high, all bets are off, and some creative (and unexpected) questioning can leave your client, as well as your reputation, on the losing end.

In a series of six articles, personal injury/wrongful death attorney, Dean Brett, lays out the strategy for lawyers as to how expert witnesses should be cross-examined. The Expert Witness Blog recently featured a condensed version of Brett’s second installment entitled “The Four Main Advantages the Trial Lawyer Has Against the Expert Witness Defending His Home Territory.”

In the final installment of the series, Brett provides a transcript of his clever cross-examination of a CPA where, by the time the line of questioning ends, the expert is caught in a catch-22 that’s equally damaging regardless of how he answers. Sometimes the best preparation for expert witness testimony is studying articles by lawyers to lawyers on the subject and getting inside the mind of the opposition. You can read the transcript at the link below and the full series of articles at Brett’s site. Be sure to visit the Expert Witness Blog, which contains valuable information for expert witnesses across a wide sector of specializations, including valuation.