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How hard is the path from lit to GC?
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You get the best material when you let them keep talking. Experts and cops are the best depo subjects because they’re so over-confident that it’s like they can’t help themselves and 3 minutes into an answer that should have been a yes or no, they’ll say something so outrageous that it’s gold for your case. Once won a hearing based largely on a ridiculous claim an expert made at the end of a rambling non-answer.
Rising Star
I’m not a litigator, so take this with a heaping spoonful of salt that I have never done a depo in my life. When I’m in a hard negotiation and there is an awkward pause, I stay silent and let it drag out. Someone will jump in to fill the silence and that is usually when they volunteer things they shouldn’t. When it’s your client, cut off the silence by telling them to move on to the next question.
That I really didn’t need to waste 3 hours confirming everything in the expert’s resume, even though the partner (who had never done an expert deposition either) wanted me to ask about it. I was well prepared and thorough, which served me well. But I also could’ve cut out a lot of what I asked about because it went nowhere and I knew it wasn’t going anywhere, but I still asked because it was expected
F
Stay off the expert’s island. Any expert has an island of information unique to their skill set. Unless you have the same expertise, they will get you. Focus on the basis of the opinion instead of attacking their unique and skillful space. For example in medical, if it is a plaintiff’s expert, they relied on the plaintiff who likely gave them a history that doesn’t jive with other versions, they haven’t reviewed everything (like prior records, etc.). If it’s a defense expert they are a hired gun, so attack the money, frequency, lack of personal knowledge of the plaintiff (not a treating provider)….
Everyone is a hired gun.
The difference between a chickpea and lentil
What’s the difference between a chickpea and a garbanzo bean? I wouldn’t pay $400 to have a garbanzo bean on my face…
F