When preparing for an expert, a good place to start is his prior deposition transcripts. You can secure them from online services that warehouse and catalog them and sell them for a fee. Perhaps a voluntary bar association you belong too has an expert deposition bank, most likely online, where you can download PDFs of transcripts. Every now and again, you may come across one online. And even Westlaw has gotten into the act and will provide them - for a fee. In addition to these resources, I would strongly recommend starting and maintaining an expert deposition bank of your own (your firm may already have one). And after doing so, coordinate with other law firms throughout your state, and provide one another a list of expert depositions each of you have and update it periodically. This way, you can call upon one another to secure copies of much-needed transcripts.
Now once you have an expert's prior deposition or trial testimony, these are some of the things you want to look for:
1. Any discrepancies between the credentials he offered in testimony and those in his C.V.
2. Has he offered opinions that contradict those in your case?
3. Has he taken any position favorable to your case?
4. How pliable of witness is he? Does he answer "yes" and "no" to questions, or does he turn everything into a three page answer which will prove useless for cross-examination at trial?
5. Does he reference your expert in the current case, and if so, in what context?
6. What basic principles or axioms does he agree with that you can build upon in your deposition?
7. What skeletons were unearthed in his prior testimony?
Prior depositions often prove to be the most important tool when preparing for an expert deposit on. Take the time to track them down and read them.
Read more on Frank Ramos' blog, Tips for Young Lawyers. Francisco "Frank" Ramos, Jr. is the administrative partner at Clarke Silverglate in Miami, Florida, where he practices in the areas of products liability, employment, commercial litigation, medical malpractice, class actions and general liability.
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