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Expert Witness Depositions: Preparing to Attack the Opponent's Expert

Obtaining Testimony to Support Challenges Under FRE 702, Impeachment at Trial, and Gain Settlement Leverage

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, October 11, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will equip litigators with skills to obtain deposition testimony from opposing experts that can be used to impeach or disqualify the expert from testifying at trial and to gain leverage for favorable settlements. Our authoritative panel will provide techniques for eliciting favorable testimony from even the most seasoned expert witnesses.

Description

Litigation involving experts is becoming increasingly more complicated and oftentimes the case is won or lost at the expert deposition. Our authoritative panel will address approaches to attack the opposition at the expert's deposition by eliciting testimony to support a Daubert challenge of the expert's qualifications, destroy the expert's credibility at trial, and obtain ammunition to obtain a favorable settlement.

Facing a deponent who is a professional witness armed with a level of expertise beyond a layperson requires in-depth preparation prior to the deposition and deposition-taking skills to gain admissions from the expert that break the opponent's case.

This presentation will provide litigators with actions that should be taken prior to the deposition in order to prepare an attack on the experts' qualifications, prior opinions, and testimony. Our speakers will also provide tips for setting up the expert for impeachment at trial, challenging the expert's methodology, and gaining the upper hand in settlement negotiations.

Listen as our authoritative panel provides proven strategies for overcoming the most complex expert deposition hurdles and using those depositions to obtain favorable settlements or verdicts by taking the wind out of the opposing expert's sails.

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Outline

  1. Preparing for the deposition
    1. The expert's qualifications
    2. Prior opinions and testimony
    3. Working with retained experts to identify flaws in the opposing expert's methodology
  2. Deposing the expert
    1. Gathering testimony for a Daubert challenge
    2. Setting up the expert for impeachment at trial
    3. Identifying holes in opinions for settlement leverage

Benefits

The panel will review these and other key issues:

  • Preparing to attack the expert's qualifications
  • Locating expert's prior opinions and testimony
  • Attacking the expert's methodology at the deposition
  • Setting up deposition testimony for use in Daubert motions
  • Increasing settlement value by discrediting the opposing expert

Faculty

Cochran, Anthony
Anthony L. Cochran
Partner
Smith Gambrell & Russell

Mr. Cochran represents individuals and businesses in a wide variety of matters. He has tried jury trials, bench trials,...  |  Read More

Fellows, Henry
Henry D. Fellows, Jr.
Partner
Fellows Labriola

Mr. Fellows represents corporations, partnerships and individuals in cases related to commercial contract disputes,...  |  Read More

Lockett, John
John Lockett
Partner
The Lockett Law Firm

Mr. Lockett is a trial lawyer specializing in high-stakes business disputes. He has significant experience representing...  |  Read More

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