Conduct Your Entire Expert Cross as a Sharply Directed Controlled Cross.

Conduct your entire cross examination of the defendant’s expert as a sharply directed, controlled cross examination. At the outset have their expert admit that she is prepared to give her full and final opinions at the deposition today. Use both constructive and destructive cross.  Do not permit their expert to explain or elaborate until the end of the deposition, until after you’ve asked all your questions and gotten all your expert concessions. At the end of the deposition, ask broad questions that allow the expert to tell you what she’s wanted to say all along. You’ll be surprised by the number of experts who will say they have no additional opinions and nothing more to say. 

Q.  Dr. Do you have any opinions that you haven’t already shared with us today?  

A. (likeliest answer) “No.” 

Then conclude the deposition.

Until the end of the deposition, your goal is to proactively gather evidence and expert opinions to prove your case against all defendants. That’s right, all defendants. Allowing the expert to express his opinions at the end of the deposition, ensures you haven’t overlooked a defense you may have to address at trial. 

As always, use their expert as your expert to prove your case against the co-defendants too. While defense counsel will likely prepare the expert and advise against pointing the finger at co-defendants, you’ll find that once cornered, defense experts rarely resist an opportunity to blame another defendant. And like Benjamin Franklin said at the signing of the Declaration of Independence, "We must all hang together, or, most assuredly, we shall all hang separately." Do this.  And “most assuredly” your co-defendants will “hang separately” too.

Until Next time, 
James Hugh Potts II
We Win.  Things Change.