The article discusses keys to an effective cross examination of an opposing expert witness. It notes that jurors are often skeptical of plaintiffs and lawyers must earn credibility. The article recommends thoroughly preparing for cross examination, including researching the expert personally. It also advises listening skills and being willing to take chances. The overall goal is to diminish the expert's credibility by highlighting overstatements of qualifications and lack of credibility.

1. Anapol Schwartz | Attorneys at Law The Legal Intelligencer
THE OLDEST LAW JOURNAL IN THE UNITED STATES
Keys To Cross Examination
Consider juror attitudes What matters to jurors?
1. Who the jurors are? Credibility matter most.
2. Who we are?
3. What matters to jurors? Cross Examination
1. Question the expert’s credibility
Who the Jurors are? 2. To destroy the credibility of the oppos-
ing expert, groundwork must be in place In his article in the
1. Generally skeptical of plaintiffs’ claims Legal Intelligencer,
2. Fragmented or unreal view of lawyers 3. The most effective place for that attack James R. Ronca
based on television is in the voir dire reviews the chal-
3. Able to research the case on the Internet 4. Key Area of Focus: Qualifications. Of- lenges involved in
ten proponents the experts will overstate cross examining the
(oversell) to show that the expert was defendants expert.
Who are we? ultra qualified. If properly cross exam- Here are the high-
1. Lawyers are not held in high esteem ined, we can use this overstatement to lights of the article.
diminish credibility.
2. Lawyers must earn credibility in the
court room
3. Client’s credibility is viewed skeptically Keys Successful Cross-Examination
4. Some defendanats are not viewed well 1. Detailed preparation.
either. For example: HMOs, tobacco 2. Ability to listen
industry and pharmaceutical industry 3. Take a few chances
4. Know more than the expert
5. Research the expert personally
James Ronca is a partner at Anapol Schwartz Weiss Cohan Feldman & Smalley, and
advocates for victims in major car and truck collision cases. He also represents victims
in a wide variety of medical injury cases, including pharmaceutical and medical device
cases. He can be reached at jronca@anapolschwartz.com.
Prepared by Lawyers at Anapol Schwartz. © 2008 All Rights Reserved.
Read more information online at www.anapolschwartz.com.