September 01, 2017

Effective Strategies for Cross-Examining an Expert Witness

Most lawyers lose ground when cross-examining experts. Here’s how to avoid doing so.

Thomas C. O’Brien and David D. O’Brien

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More than 400 years ago, English barrister Francis Bacon famously wrote in his meditations on human philosophy that “knowledge is power.” This truth underscores one of the most difficult challenges a trial lawyer will face: cross-examination of an expert witness. The expert witness knows far more about his or her subject matter than the attorney seeking to challenge the witness. Experts also typically have extensive experience testifying and may have spent more time in a courtroom than the lawyers tasked with confronting them.

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