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The exclusive subject matter of this seminar is the deposition cross-examination of the adverse expert, the opponent’s expert. As with the deposition cross-examination of
the lay adverse deponent, there is a logical methodology by which that cross-examination should be conducted.
Every opinion is the result of the expert’s application of a rule and the consideration of two kinds of factors: X factors (favor the adverse expert opinion) and Y factors (disfavor the
adverse expert opinion).
The sub-topics of the seminar are set forth below.
AGENDA
8:30 - 9:40
1. Introduction:
2. Cross-Examiner’s Problems
3. Expert’s Problems
4. End Point Opinions
5. Five Categories of Opinions
9:40 - 9:50- BREAK
9:50 - 10:50
6. Nine Types of Rules
7. X and Y Factors Introduced
8. Attacks vs. Expert’s Rules
10:50 - 11:00- BREAK
11:00 - 12:00
8. Attacks vs. Expert’s Rules (cont.)
9. Attacks vs. Expert’s X Factors
12:00 - 12:30- LUNCH BREAK
12:30 - 1:55
9. Attacks vs. Expert’s X Factors (cont.)
10. Wielding Y Factors vs. the Expert
1:55 - 2:10- BREAK
2:10 - 3:35
10. Wielding Y Factors vs. the Expert (cont.)
11. Three Additional Opinion Attacks (Psychology, Razors and Consistency)
12. Summary & Questions
Notes:
Throughout the seminar, the videotaped examination of a real-life, world-class expert is utilized. These vignettes help illuminate the principles of deposition cross-examination.
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