Material Witness vs Expert Witness 446
Discovery 446
Differences between Depositions and Trials 447
Clarify Your Role 447
What to Bring to Deposition or Trial 447
Qualifications
448
Your Qualifications 448
Resumes or CV's 448
Challenges to Expertise 448
Attacks on Personal Credibility 451
Two Key Elements to success 451
The Importance of Impartiality 452
Opposing Attorneys 454
Opposing Lawyer Attitudes 454
A Trial Lawyer's Most Powerful Weapon 454
The Fear Factor 455
Deposition
456
Deposition Advice for First Timers 456
Depositions 458
Notice of Deposition (Subpoena) 459
Mistakes, New Evidence & Changed Opinions 460
Publishing History 462
Documents 462
Review and Signing Depositions 462
Court Testimony 463
First Time Court Testimony 463
Pretrial Conference 464
Preparation for Court Testimony 465
Maintaining Consistency 466
Court Trials 467
On The Stand 467
Look at Your Lawyer Occasionally 470
Humility vs. Self Confidence 470
Proper Attitude of Expert Witnesses 471
Juries 471
Hostile Examinations 472
Body Language 473
Recovering From Mistakes 474
Loose Lips Sink Ships 476
Dealing
with Tricks and Traps 476
Opening Questions 476
Trick Questions 478
Wearing Down the Witness 481
Repetitious Questions 481
Silence Is Golden 481
Interrupts with Another Question 481
Testing Recall 482
"You're getting paid to testify" Question 482
No Zingers, Please 483
Two More Rules 483
Equivocal Answers 484
Just Answer the Question 484
Clarifying Answers and The Whole Truth 485
Compound Questions 486
Mischaracterizing Previous Testimony 487
The Set Up 487
Record
Keeping 487
The Expert Witness 489
Conflicting Roles of Experts 489
Curriculum Vitae 490
Fees 491
Retention as Expert 493
Expert Witness Contract 493
The Non-Expert Witness 494
Case Review 495
Case Summaries 497
Deposition Review 498
Document Review 498
Expert Witness Testimony 500
Conclusion
501