What Preparations are Paramount for an Expert Witness Prior to Deposition?

You need some answers before you start getting asked questions in a deposition. The pre-deposition conference is a fancy term for any meeting or telephone conversation you have with your retaining lawyer during which you discuss the upcoming deposition. Specifically, you should discuss the likely scope of questioning from the opposing lawyer, and your lawyer can help prepare you to answer more effectively.
You and your retaining lawyer should always have such a preparatory conference. A conscientious pre-deposition conference with your attorney should be second nature to a well-prepared and well organized team. Unfortunately, you will frequently have to urge, encourage, and occasionally even force such a conference. If the week before the deposition arrives, and you cannot easily answer the following questions, then you need that pre-deposition conference.
* Which documents does your lawyer believe are the most helpful or the most harmful to your side’s overall presentation and position? What are the main points that were made in those important documents? Do they support or contradict the opinions expressed by you or the other expert? Who wrote, received, or distributed those documents, and what are their responsibilities in the organization?
* What issues most interest the opposing lawyer?
* Which of your opinions are the most important to the case?
* What other data particular to the case and your experience should you incorporate into your answers during deposition testimony?
* Which of your opinions is most likely to draw the greatest fire from the opposing attorney? Where does your attorney think the strongest attacks on you and your opinions will come from? Have clear and solid explanations of why those possible attacks or proposed alternatives should be discounted.
* On which other facts or opinions in this case (such as opinions expressed by the other expert in his report) does your attorney want an extra opinion from you? Not only should you be prepared to comment on anything the other expert has written, but you should discuss the Importance to his case strategy of such comments. At times, your testimony will negate or minimize the validity of the other expert’s opinions. To whatever extent possible, you should prepare to do so at your deposition. know your lawyer’s plans, tactics, and strategies, at least to the extent he will share them with you.
* One final open ended question: "what else is important for me to know, prepare, or anticipate?"
You cannot answer these questions in a five-minute walk to the deposition from your lawyer's office, or in the half-hour coffee and cake before the deposition. If you have not gotten answers to these bulleted questions in a pre-deposition conference, call your attorney on the phone and ask the questions.