Ð And you used those words despite not fully understanding what they mean, didn’t you? Ð Retaining counsel asked you to use those words in your report, didn’t he? Ð Your reports from other cases are in many ways identical to your report in the case, aren’t they? Ð Are you aware of the 27 different mistakes in your report? Ð Your opinion is the same in every case, isn’t it? Ð You formed your opinion before you had all relevant information, didn’t you? Ð You are just saying what retaining counsel is paying you to say, isn’t that true? Ð You can’t provide any objective justification for that opinion, can you? Ð You are not 100% sure of your opinion, are you? Ð You didn’t comply with in this case, did you? Ð Your math is just plain wrong, isn’t it? Ð You never built a prototype of your proposed alternative design, did you? Ð Your methodology has never been subjected to peer review and publication, has it? Ð You weren’t able to calculate a margin of error, were you? Ð Would you agree with me that your methodology is not generally accepted in the field? Ð Your theory in this case was specifically developed for litigation purposes, wasn’t it? Ð Even you would agree that our expert witness is more qualified than you? Ð You are not really an expert in this area are you? Ð You haven’t any real world experience in this field in the last ten years, do you? Ð You have never won any awards in your field, have you? Ð You were a mediocre student, weren’t you? Ð You hold zero academic appointments, isn’t that correct? Ð You have never been invited to present on this topic, have you? Ð You have never published in your field, have you? Ð You are a jack of all trades, master of none, aren’t you? Ð You flunked your boards the first two times you took them, didn’t you? Ð Retaining counsel helped you write your report, didn’t he? Ð You told counsel exactly what he wanted to hear, didn’t you? Ð Counsel had you on a budget, didn’t he? Ð You used those words in your report because retaining counsel asked you to use them, isn’t that right? Influence of Retaining Counsel on the Expert Witness Ð You state on your web page do you not, quote, “Call me today and I’ll help you win your case” unquote, don’t you? Ð As a Republican, you believe in tort reform, don’t you? Ð As a Democrat, you believe in wealth redistribution, don’t you? Ð You live over 1,500 miles from here, don’t you? Ð You would like the plaintiff to prevail, wouldn’t you? Ð You own a large chunk of stock of the plaintiff’s company, don’t you? Ð The defendant is a friend of yours, isn’t he? Ð If plaintiff loses this case, isn’t it a fact that you are highly unlikely to collect all the fees that you are owed? Ð You have been retained by retaining counsel on dozens of other cases, haven’t you? Ð 100% of your expert witness work is on behalf of defendants, isn’t it? Ð You are a professional expert witness, aren’t you? Ð You are listed with several expert witness referral services, aren’t you? Ð Is this a copy of your listing in SEAK’s National Directory of Expert Witnesses? Ð You actively seek out more expert witness assignments, don’t you? Ð You are here, because you are paid to be here, right? Ð You are making over $200,000 a year serving as an expert witness, aren’t you? Ð You are being paid $500 an hour to be here today, aren’t you? Ð Is one of the tests you could have performed? Ð There were other tests you could have performed, weren’t there? Ð You intentionally destroyed the notes you took in this case, didn’t you? Ð You cherry picked only the supportive studies, didn’t you? Ð Your opinion is based on a number of assumptions, isn’t it? Ð There are bugs in the computer program you used, aren’t there? Ð You never were provided with, were you? Ð You never visited the accident scene, did you? Ð You didn’t have all the time you needed to do a proper job in this case, did you? Ð Do you agree or disagree with the following statement from ? Ð Are you the same whose expert opinion was found to be “wholly unreliable” by US District Judge Smith of New York? Ð You have lied many times in your life, haven’t you? Ð You were censured in 2013 by your professional organization for giving misleading expert testimony, weren’t you? Ð You were convicted of perjury in 2002, weren’t you? Ð Isn’t it a fact that your professional license was suspended in 2014 in the State of Florida? Excerpted from How to Become an Expert Witness: SEAK’s A-Z Guide to Expert Witnessing FREE DOWNLOAD: 247 Sample Deposition Questions for Expert WitnessesĮxpert Witness Head on Attacks on Credibility
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