Attacking a “Mt. Olympus” Expert’s
Opinion at Deposition & Trial

(In-house Presentations & Live Webinars)

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The adverse expert is typically the most dangerous witness and, at the same time, the most vulnerable. Most dangerous because he testifies cloaked in the mantle of the “unbiased scientist”; thus his testimony – if accepted by the jury – can determine a major issue, maybe the entire case. Yet most vulnerable because, unlike the fact witness who must defend only his first-hand observations, the expert witness must defend his testimony from attacks on a dozen fronts.

As seasoned litigators from all areas of practice have attested (see Reviews), this presentation elucidates the one-and-only logical method with which to effectively attack the (purported) scientific merits of any adverse expert’s opinion … no matter the field of (purported) expertise. Never again be the slightest intimidated when cross-examining any expert, even a “Mt. Olympus” one.

Principal Discussion & Teaching Points:

  • Deposition cross-examination logic applied to experts
  • When attacks against the expert should be played at deposition
  • The structure of every opinion: O = R + 2F
  • End point opinions & subordinate opinions
  • Bedrock findings & bedrock assumptions
  • Cross-examiner’s critical listening skills
  • 5 categories of expert opinions
  • 2 must-be-asked questions
  • 10 types of expert rules
  • X & Y factors defined
  • Scientific rules & Sir Francis Bacon
  • Experiential rules & the “you-gotta-trust-me” expert
  • Attacking the scope of expert’s expertise
  • Non-expert rules
  • Understanding expert’s weighing process
  • 2 incredibly important – and easy to master – techniques
  • Attacks vs. expert’s claims re X factors
  • The “certainty scale” & 2 archetypal arguments
  • 6 sources of assumptions
  • 7 potential flaws re the expert’s assumption
  • Attacking expert’s findings derived through expert means
  • Attacking expert’s findings derived through non-expert means
  • Expert’s 3 – and only 3 – attacks vs. Y factors:
    • Relevance
    • Not established
    • Weight
  • Attacking expert’s double standard re case/career
  • The perfection line of questioning