Expert Cross-Examination: Creating Maximum Mileage From an Expert's Mistakes
"Effectively cross-examining an expert witness requires more than just identifying errors," write Ben B. Rubinowitz and Evan Torgan.
August 20, 2024 at 12:00 PM
8 minute read
Expert WitnessesCross-examining an expert witness presents one of the most significant challenges an attorney faces at trial. Experts often come to court with years of specialized experience and substantial time in the courtroom—sometimes even more than the examining attorney. Despite this, the attorney usually invests significantly more time scrutinizing the case than the expert does. This thorough preparation provides the attorney with a crucial advantage: the ability to identify and exploit flaws in the expert's analysis or report. When leveraged effectively, even minor mistakes can become powerful tools to undermine the expert's credibility and reveal shortcomings in the expert's diligence and thoroughness in rendering an opinion.
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