ATTACKING THE EXPERT'S PEDESTAL
(presentations of 4 to 6.5 hours of teaching time)
8:30 - 10:00 a.m. (the 6.5-hour agenda)
- Mt. Olympus adverse expert introduced.
- Cross-examiner's problems
- Adverse expert's problems
- Curriculum Vitae attacks, including:
- False claim of achievement
- Professional shortcoming omitted or disguised
- Expertise tangential to the contested expert issue
- Marketing attacks, including:
- Hucksterism; undignified marketing
- Marketing targets too one-sided
10:00 - 10:10 a.m. Break
10:10 - 11:20 a.m.
- Forensic Business attacks, including:
- Quality-control sacrificed to increase volume
- Exceeded scope of expertise
- No verifiable track record re accurate opinion-making
- Prior Court Performance attacks, including:
- Expert's Daubert "resume"
11:20 - 11:30 a.m. Break
11:30 - 12:30 p.m.
- Relationship with Opposing Attorney attacks, including:
- Biased in favor of opposing attorney/party
- Deviation from practice re arm's-length relationship
- Overview re "wisdom" of saving attacks for surprise at trial
12:30 - 1:30 p.m. Lunch
1:30 - 2:50 p.m.
- Time & Billing Records attacks, including:
- None, lost, or incomplete, yet still paid fee
- Too many hours (churning): too few hours (faking)
- Double standard: fee favors for opposing attorney
- Investigation attacks, including:
- Relied on assembly-line; concealment of that reliance
- Deviation from practice re investigative protocol
- Investigative Notes attacks, including:
- None, lost, or destroyed: hiding the ball & wiggle-room
2:50 - 3:00 p.m. Break
3:00 - 4:30 p.m.
- Report-Making & Opinion-Testing attacks, including:
- Report co-authored; co-authorship concealed
- Road-tested with another expert and/or opposing attorney
- Slanted word choice; omission of weakening information
- Evaluation of Cross-Examiner's Expert attacks, including:
- Expertise, integrity, investigation, & conclusions
- Deposition Performance attacks, including:
- Internal inconsistency & deposition misbehavior