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Article Excerpt Lawyers rely heavily on expert testimony to provide powerful, convincing evidence. Whether you're getting ready to put your medical expert on the stand or cross-examine the defense expert witness, proper preparation will help you make the most of the moment.
Start by making sure that your expert understands the legal elements that you have to prove in order to win your case and how his or her testimony will support this effort. If an expert will not be able to testify truthfully to the opinions that will establish these elements, you need to find that out sooner rather than later--certainly not during the defense's cross-examination.
You also don't want your expert to contradict his or her own deposition statements, opening the door to impeachment. Since many depositions occur months--even years--before trial, you have to refresh an expert's memory before putting him or her on the stand. Outline the order in which you intend to ask questions at direct examination, and review it with your expert before trial.
Arm your expert with any legal language that the evidence rules require, and make sure he or she is comfortable using it. Your experts may have to testify, for example, that the nurses "fell below the required standard of care by not doing x, y, and z," not just that they "weren't doing their job."
Also make sure that your experts understand the standard of proof that their testimony must meet. In Florida, for example, the "reasonable probability" or "more likely than not" standard is defined as more than 50 percent.
Sometimes experts get hung up on the idea that nothing is certain, and they may make inappropriate concessions if the defense attorney asks whether their opinions are "within a reasonable degree of certainty." If your state requires reasonable probability rather than reasonable certainty, make sure that your expert knows the difference. Quickly object if opposing counsel attempts to use any other standard, and have the court instruct the witness and opposing counsel on the proper standard.
Finally, have someone whose trial abilities you respect cross-examine your expert before the trial. A...
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