that every relevant document is in the
witness’s hands. Since I’ve been using
this process, I’ve experienced far fewer
unwelcome surprises from experts at
their depositions.
The first step is preparing yourself.
Before you meet with the expert, review
the medical records and previous depositions in the case as well as related literature. The expert doesn’t know the
case as well as you do, and it is your job
to educate him or her.
the most important ones. If your expert
has published on the topic at issue or is
relying on other articles, include those. If
he or she is basing testimony on information from another expert, such as a life-care planner, include related documents
(such as the life-care plan). If a particular
deposition transcript is important, add
it to this binder. You might want to add
medical record outlines or even deposition outlines. The point of the binder
is to simplify the most important documents of the case for ease of reference
and review for your witness, so do not
make it too unwieldy.
Cover all your bases. Write down
Even experienced experts find this useful and appreciate your efforts.
When you describe the case, explain
who the defendants are, what you know
about defense counsel (especially their
temperament or style of questioning),
the current status of the case, the county
and state where the lawsuit is pending, the court name, and the trial date.
Explain that you intend to call the expert
for live testimony and when you expect
this to happen. This early preparation
will make the expert feel connected to
the case and personally invested in it.
Discuss the defense. Explain that
the defense has its own goals for the
Do not assume that just because your expert
knows the definition of the standard
every document you send to the expert,
and ask him or her to check the list and
make sure nothing is missing. Do anything you can do to help the expert. I
have lost cases because an expert gave
a bad answer, but I have never lost
a case because I gave an expert too
many documents.
Begin with the Basics
Start simple. At the beginning of your
prep session, explain that you will begin
by covering the basics of a deposition and
the specifics of the case. Tell the expert,
“I hope this is not too simplistic for you,
but I do a comprehensive preparation
session like this with all my experts.”
Case specifics. Make sure the expert
knows the facts of the case. This sounds
basic, but you do not want your expert
fumbling around on simple facts. Having
to review the record for specifics is one
thing; not having a clue about the main
facts is unacceptable. A fact chronology
or time line can be helpful.
Even if you have an experienced
expert, err on the side of overpreparation.
If time permits, two expert-prep
sessions are optimal. The first, which
should take place a week before the
deposition, will cover what the expert
needs to review and what the focus of
the testimony should be. It will also
help you ensure that the expert has all
the necessary documents and the time to
read them—and to do additional research
if needed.
The second session should be on the
day before, or the day of, the deposition.
Use this session to review the materials
and reinforce key points of testimony.
Identify the most important documents and be prepared to review them
with the expert. Never assume he or she
has the records memorized or knows
where to locate their main points. For
the best results, put together a binder
for your expert.
What should the binder contain? If the
medical records are voluminous, include
deposition: to learn the facts and opinions that the expert plans to present;
memorialize the expert’s testimony in
anticipation of impeaching him or her
at trial; and evaluate the expert as a witness. Review your expert’s case file in
detail—study every page, because you
know the defense will. This includes
any notes the expert made, his or her
highlighting of testimony or tabbing of
records, or research performed.
Review the expert designation or
report, including details about how it
was created. Familiarize yourself with
the expert’s updated curriculum vitae,
and ask him or her to bring a copy to
the deposition.
Finally, find out if the expert needs
anything else before forming a final opinion for deposition. If so, get those materials. This serves two purposes: One, you
make sure the expert has everything he
or she needs; and two, if the defense
asks this same question at deposition,
your expert can confidently state that
no other materials are necessary.
If the anticipated specific standard of
