1. Expert Deposition Strategies
Ivan Sarkissian
I. To take or not take the deposition…
-Disclosure issues
-How much will you tip your hand
II. Preparation
-The expert’s file: what’s there/what’s missing?
-The “authoritative” materials the expert doesn’t mention.
-Scope of the Expert’s opinion/investigation
-The expert’s own professional standards
III. Taking the lead
-Qualifications: “The CV is fine but have you ever…”
-The expert’s biases: Towards counsel, towards client, towards others in his or her field
- Identifying assumptions made: If the roof leaks then it must have been installed incorrectly.
- Exploring methodology adopted to draw conclusions
-Whittling down the “facts” they considered/Making a list of what wasn’t considered
-Setting up challenges under Daubert/Shrek/Ramirez
IV. Setting up Cross Examination
-Resisting the temptation to use all the good stuff in deposition
V. Disclosure and Ethical Concerns
-Surprise new opinions: “That’s great, can you show me where that is in your report?”
-Consulting experts
-Privilege and confidentiality assertions
-Expert payment issues