Helping your economic expert help themselves

Attorneys who retain economic experts can greatly help their case by making sure that the expert economist they use to calculate the economic damages is prepared as possible for cross examination questions from the opposing attorney. Even seasoned economists can benefit from guidance from the attorney.

The following is a wonderful excerpt from the company, Expert Communications. In the brief article, they advice on how an expert can handle questions concerning advertising and 'being a hired gun'. Generally, they advise the expert to be 'cool' and not take the questions personally.

EXCERPT:


Cross-Examination Questions (and Answers) about
Your Advertising


Some experts are understandably wary of advertising. I see some
forensic advertising that I consider objectionable, advertising that a
skilled attorney could use to impeach an expert witness. On the other
hand, the mere fact that one advertises is not objectionable.
Advertising, in and of itself, is not the basis of being viewed as a
"hired gun." That results, instead, from the prostituting of oneself by
manipulating the facts and opinions to provide a desired conclusion.
If you are concerned about how you will look when answering questions
about marketing your expert services, remember that the attorney
grilling you is probably listed in local, state, and national bar
association publications; Martindale-Hubbell attorney directory; local,
state, and national legal magazines and newspapers; the Yellow Pages;
and his child’s athletic booster directory. As was the judge when he
practiced law as an attorney!

Do *not* take the questioning personally. Your responses to the
questions, rather than the questions themselves, will determine the
attitude of jurors and even judges toward you. Practice maintaining
your poise and responses to emotion-loaded questions.

Successful experts say they let questions about their advertising
"bother them all the way to the bank." They have found that questions
regarding advertising comprise only one of many issues on the
cross-examination list and are not a problem when answered simply and
truthfully.

- Answer questions honestly, and do not elaborate, except to further
defuse the question.

- As with all deposition and courtroom questions, respond only to
questions, not to statements; be comfortable with the silence and wait
for a question.

- Don’t answer compound questions, or at least divide your response,
with one answer to the first part of the question and a clearly separate
answer to the second part.

- Don’t give credence to a line of questioning by trying to justify what
doesn’t need to be justified. Your restraint will make the attorney
look foolish to the jury.

Here are a few examples of questions you might encounter and suggestions
of possible answers (not a consecutive line of questioning):

Q: Do you advertise your expert witness services?
A: Yes, I do.

Q: Doesn’t that mean that you’re a hired gun?
A: No. (Don’t elaborate; make them explain, by your silence, what they
mean by a hired gun. This you can then defuse. If the attorney
continues that line of questioning, you can define "hired gun" for him
as 'one who is willing to mold his opinion according to request,' which
is not what you do).

Q: You’re available to testify for pay, and are willing to say whatever
the attorney asks you to say; isn’t that correct? (compound question)
A: I am paid for my time and expertise in reviewing the case and to
testify, if necessary, in deposition or court. What I say is my own
opinion based on the facts of the case.

Q: I have a list of directories in which you advertise your services as
an expert witness. You are hiring yourself out to testify for various
attorneys, correct?
A: I list my services in directories so that attorneys know I am
available for record review and testimony.

Q: You "promote" your expert witness services, isn’t that correct?
A: My resume and contact information are listed so that attorneys know
I am available.

Q: Retaining counsel found you on one of these "directories," isn’t
that correct?
A: I don’t know.

Q: Your opinion is for sale, isn’t that so?
A: No, I base my opinion on the facts of the case and am paid for my
time in reviewing the case and testifying about that opinion.