Expert Deposition Checklist

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I have a 3rd degree black belt in jujitsu, with many related studies of other martial disciplines. Skills I learned on the martial arts mat have served me unexpectedly well over the years of being an expert witness. One attorney even hired me for a multi million dollar lawsuit because he felt that this training would permit me to more calmly resist what he expected to be an aggressive testimonial experience for any expert.
What may be straightforward for me to counter might be extremely difficult for someone without the necessary training. This applies equally well to a physical attack by an opponent on the mat or a testimonial attack from a lawyer in a deposition or trial. Anticipation of these kind of questions is fundamental to a martial artist's training. As an expert witness, you will need to similarly anticipate what lawyers may ask you regarding your work, your experience, your investigation, your report, and your testimony.
Lawyers often prepare for questioning you by creating an initial series of generic questions in the form of a checklist. You should peruse the Expert Deposition Checklist found at the following link: http://www.daubertontheweb.com/Deposition_Checklist.htm
Although your C.V. may already contain many of these things, you should realize that they may ask you in deposition or trial to answer these questions in any event. Attorneys will often begin by asking you personal questions regarding your professional experience and employment record. You should be thoroughly familiar with these things instantly. Questions about education, licenses, and certifications are also fair game, and you should have the answers at the tip of your tongue. Questions about your publication history and any prior expert witness experience are natural follow on questions. You should equally be instantly conversant and ready to answer confidently about all of these. If you were a attorney, what would you think of an expert who could not remember the details of a book (s)he spent six months writing, or a job (s)he spent three years working at?
You should have kept careful records about your specific retention in each case in which you are an expert, and in which you have been retained as either an expert witness or expert consultant. You should be fully ready to express your expert opinions when asked. As the questioning becomes more detailed, and the dangers of weak responses become more obvious, you need to have pre-thought out reasonable answers to potential questions. For example, the Checklist ends with a section about verbal directions from attorneys. Some of the possible conversations you had with your retaining attorney may be problematic, and some of the potential actions of your retaining attorney could very well be damaging, such as attempts to guide the actual content of your expert report.
The checklist does not contain the answers. But it does include a significant number of questions that lawyers are taught to ask or consider asking. If you study it with an eye toward your own answers, you will be well prepared for the possibilities. Success during depositions and trials relies greatly on preparation and anticipation, exactly as it does in a martial arts context. All in all, the referenced expert deposition checklist is an excellent resource for your preparations for both depositions and trials. Read it completely to better prepare for the scope of an attorney's questions in both settings.

Article Source: http://depositarticles.com/

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. He has testified in State and Federal courts and has been featured as a testifying computer forensics expert on MSNBC, Court TV, and Tech TV. His cases range widely from intellectual property infringement to murder. He has been a best-selling author of more than 30 training and computer books and has created more than 25 training DVDs and videos. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Mr. Robbins has created a series of books and other training materials for expert witnesses, found at www.expertwitnesstraining.com, and contributes the latest news, reviews, articles, discussions, and social mentions by, about, and for expert witnesses at www.expertwitnesstrainingblog.com

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