Taking an Expert Deposition
Discussion of how to take an expert deposition, including rules and procedure, preparing for the deposition, challenging an expert’s opinions, strategic considerations, and questioning techniques.
Topic
Experts
Courses
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Defending an Expert Deposition
Discussion of how to defend an expert deposition, including how to prepare for the expert witness prep, prepping the expert on deposition strategy, areas to focus on during the prep, objections, and redirect.
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Tips for Working with Your Expert
Tips and strategies for the day-to-day workings with the expert on your case. Includes how to prepare to work with your expert and how to set clear expectations at the outset. Also covers how to manage communications with your expert given the discovery rules, including sending documents to the expert to form their opinions, and revising their report.
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Ethical Issues Working with Experts
Guidance on ethical issues that come into play throughout the process of working with an expert. Includes the hiring process, giving an expert access to information, helping an expert draft their report, disclosure obligations, and maintaining privilege and work product protections.
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Selecting an Expert
Strategic considerations for how (and when) to choose an expert for your case. Includes tips for your initial search and vetting process, and a detailed discussion of how to effectively interview candidates and assess them for the role.
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Expert Reports: Satisfying the Rules
A detailed discussion of everything that needs to—or should—go into an expert report, besides the opinions themselves. A section-by-section look into strategy and drafting, in addition to compliance with the rules.
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Expert Reports: Opinions and Bases
A nuanced look into how to work with your expert on the opinion section of their report. Walks through a detailed hypothetical to teach how to effectively probe your expert about the analysis and reasoning behind their opinion, then illustrates how to help your expert plan, organize, and ultimately draft the opinion section.
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Prepping for Expert Direct
How to prepare for the direct examination of your expert. Includes tips for drafting your questions and organizing your outline. Explains how to cover each section of the expert’s report in your questions, drawing out the right information in a way that will land with the jury. Also includes how to prepare the expert for their direct testimony.
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Rebuttal Expert Reports
Strategic guidance regarding rebuttal expert reports. Covers how to work with your expert to efficiently and effectively review the other side’s opening report, decide which points to rebut, and outline the rebuttal. And discusses strategic drafting considerations as your expert writes and refines the report.
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Prepping Your Expert for Cross
An advanced discussion about how to effectively prepare your expert for cross examination. Discusses the best questions to ask your expert during mock Q&A, as well as the best ways to prep them to respond. Also covers how to prepare your expert for impeachment and to come across credibly.
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Crossing an Expert
Advanced strategy for crossing an expert, including how to make the expert’s opinions seem unreasonable or unsupported, how to undermine their credibility, and how to adapt your cross after the expert’s direct.
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Moving to Exclude an Expert (Daubert Motions)
An advanced discussion of moving to exclude an expert, including how to formulate arguments, different ways to attack methodology, and strategic drafting to persuade the judge.
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Opposing a Daubert Motion
A strategic look at how to defeat a Daubert motion. Includes how to use the legal standard to your advantage when responding to arguments, things you can do to defend your expert’s methods, how to go on offense in your brief, and a detailed example.