DEPOSING YOUR OPPONENT'S EXPERTS
The key in deposing a technical expert is not simply to find out what their opinions are,
but to discover the technical basis for those opinions. The important thing is how you
follow up on the expert's responses to your questions. What questions do you ask next?
Too often, the lawyer asks the right questions, but does not recognize that the answer
has the potential to undermine the expert's testimony. By failing to ask the right follow-up
questions, he lets the expert off the hook.
To find the weaknesses in the opposing expert's opinion, you have three choices:
1) Have your expert attend the deposition so that he can feed you questions
2) Have your expert prepare a list of questions, including follow-up questions that
depend on the answers
3) Make sure that the lawyer who does the questioning understands the opposing
expert's area of expertise as well or better than the expert does.
J.L. Grover's legal practice focuses on technical discovery. He is an actively practicing
engineer licensed in both Civil and Mechanical Engineering, with 25 years of experience
in forensic engineering. He understands the technical issues addressed by the
engineering expert, as well as the standard of care in the industry. He understands
the limitations of the various engineering disciplines, and can identify when the expert is
testifying outside his area of expertise. He can help you make sense of the opposing
expert's case, even when he is deliberately trying to confuse you. If the case depends
on the testimony of engineering experts, you need J.L. Grover on your side.
