Depositions
vary significantly in time, with some as short as 30 minutes, while others have lasted for ten days or more, spread out over several weeks or months. After the deposition is completed, a printed transcript will be sent to the expert by the court reporter for review and correction. At that time, it is important that the expert review the transcript for technical and factual errors, and correct them. It should be noted that if there are major changes made to answers or opinions, this may be used in court by opposing counsel to attempt to embarrass the expert and impugn his integrity. For further information on depositions, see How to Excel During Depositions: Techniques for Experts That Work (Babitsky and Mangravitti, 1999). Many cases (80 to 90%) settle before going to trial. However, the expert witness will testify at trial in those cases that have not been settled. When called to trial, the expert’s testimony will revolve around the same items that were covered in the deposition. Sufficient time should be reserved for pretrial preparation to review the notes made in the case and the deposition transcript. It is important that the expert spend time with the attorney retaining him, to discuss what the expert can expect to be confronted with at trial, as well as any new information about the case. At trial, the expert must be careful in understanding the questions asked, before responding. It is not uncommon for opposing counsel to ask a question in several different ways, to elicit different answers and thereby impugn the expert before the jury. Prior to actual questioning, the opposing side might attempt to disqualify the expert at trial by asking a series of questions concerning the expert’s background and qualifications. When testifying in court, the expert should always remember that the jury, and not the questioning attorney, is the audience. Dress and appearance should be conservative and professional. Excessive jewelry should not be worn. It is important for one to look at the jury members and acknowledges their presence. Experts must explain their positions and information in terms that the jurors can understand, as few if any of them will have a technical or medical background. The expert must make an effort to develop a rapport with them so that they will pay attention to the testimony while not violating the court’s rules governing interaction with the jury that could result in a mistrial. When testifying, it is important that the expert take time before answering. It is perfectly acceptable in most courts to bring the case file to the witness stand for reference prior to the expert answering a question. This process also gives the expert time to formulate answers and to control the pace of the questioning to a comfortable rate. Normally, an expert will be excused after the testimony is completed. However, it may be necessary for him to be available for recall if instructed by the court or retaining attorney. When the trial is completed, the retaining attorney generally will advise the expert of the outcome. If the attorney does not communicate within a reasonable time, it is perfectly acceptable for the expert to contact the attorney to learn the verdict. The expert may ask for a critique of his work on the case, as a guideline to areas that can be improved.