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Qualifying & Attacking Expert Witnesses


by Robert C. Clifford

 

Reduce the Credibility and Effectiveness of Your Opponent's Expert

Proficiency studies for many types of expert analysis show a disturbingly large number of mistakes. Intelligent probing can uncover many of these mistakes.

Let Robert Clifford’s Qualifying & Attacking Expert Witnesses show you how to dig deep for unreliable testimony, no matter how sterling the expert’s credentials.  The book details dozens of high-potential attacks, including:

  • Failure to consider other causes

  • Subjective testing

  • Insufficient sample

  • Anecdotal evidence

  • Temporal relationship

  • Erroneous extrapolation

  • Research prepared for litigation

  • And others

 

Perhaps no litigation task is more important than diluting the effect of the opposition’s expert. Qualifying & Attacking Expert Witnesses devotes 200 pages to tactics, cases, and checklists specific to these experts:

  • Appraisers

  • Contractors

  • Criminologists

  • Doctors

  • Document examiners

  • Economists

  • Employment experts

  • Insurance experts

  • Linguists

  • Psychologists

  • Physical facts experts

  • Transportation engineers

 

The book's organization makes it easy to find information you need and tactics that will work.  Example Q & A illustrate methods of attack specific to different types of experts.  Bulleted lists of practice-proven tactics are found every few pages.  Much of the book's advice is boiled down into step-by-step checklists.  Key points are well-supported with detailed relevant cases. 

Just a few of the tips and tactics found in the book include:

Selection

  • Finding persuasive experts. §130

  • Controlling expert witness costs. §151

  • Cheap substitutes for experts. §152

  • Avoiding conflicts of interest. §160

Discovery

  • Deposition preparation. §202

  • Deposition instructions for your expert. §211

  • Disclosure of expert’s work product. §242

Trial

  • Sample voir dire questions. §301.1

  • Qualification questions that keep the jury focused. §334

  •  Presentation checklist. §330

  • Demonstrative evidence rules and considerations. §332

  • Daubert tactics. §345.2

  • Challenges to computer-generated information §346, government reports §346A, and industry standards §347

  • Objections to cross-examination. §348

Attacking the expert

  • Pretrial challenges to scientific expert testimony. §406

  • Checklist for establishing unreliability. §415

  • Preparing the expert witness trial binder. §422

  • Checklist of bases for motion in limine. §423.1.4

  • Grounds for disqualifying the opposing expert. §424 et seq

  • Objections to direct testimony. §425

  • Checklist for effective cross-examination. §431

  • Fruitful areas of cross-examination. §433

  • Tactics for showing lack of basis for opinion. §443

  • Restricting demonstrative evidence. §470

 

Use expert witness testimony to your advantage, even your opponent's expert. This briefcase-sized book offers tactics, checklists and case law that make easy work of preparing to deal with expert witnesses from initial discovery to trial.

Updated annually.  ISBN 0-938065-39-4 Book price: $99.00

C7


Reviews

"It is likely that the lawyer who has not read Robert Clifford’s book will not have met that high standard of careful preparation."

—C. Carlsen, Jr., Portland, OR


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Related Titles:

Preparing for Trial in Federal Court

Trial Evidence Foundations

Trial Hearsay

Trial Objections

 

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   Updated 11/11/09