Lawyers can try to discredit you personally and professionally. A common tactic used by opposing counsel is to create the impression that you knew the exact questions and received the desired answers. The key word is ‘exact’. You have to counter that impression attempt; it is not acceptable to know the exact questions and answers prepared by an attorney for you. You may know the general themes of the questions, but you should frame your actual answers during testimony according to the actual questions you hear. For example, here is a possible sequence of questions you might hear, along with some efficient answers:
Q: Mr. Expert, did your attorney tell you the questions he was going to ask you before you came here today?
A: We reviewed the subject areas in which you would be testing.
Q: He told you the questions he would ask, right?
A: I didn’t know the specific words in your questions. He knew the general themes of the questions.
Q: You told him what answers you would give him, didn’t you?
A: Discussing testimony is quite normal in a pre-trial conference. I have just reaffirmed the views on which I would testify in court today.
Direct attacks on your honesty or integrity are not as likely as subtle ones. For example, asking how much money you earn as an expert witness is a common technique used to create distance between you and jurors. Lawyers will also sometimes ask you if you always work for the defendants or plaintiffs in your legal work. Some of you will prefer to work for one side or the other in most of your cases. If this becomes a pattern, you should be prepared for attorneys to try to establish that you have a bias toward plaintiffs or defendants in general and in this case in particular.
Early in your life as an expert witness, much of your work may come from a law firm or even from the attorney himself. Opposing counsel may claim that you are biased in favor of this attorney. Your best defense here is to reiterate your neutrality on the matter and the thoroughness of your research, the reliability of your methodologies, and the objectivity of your opinions.
In order to more easily answer any questions in this regard, enter each testimonial configuration knowing the details of your previous experience in case work. Know approximately how many cases you have worked on, how many times you have tried, and what percentage of the time you have worked for plaintiffs or defendants.
Lawyers may try to make the jury perceive that their integrity is questionable. For example, a standard question used to suggest that the other party bought your opinion is:
Q: How much do you get paid per hour to give your opinions today?
This tricky question suggests that your ‘party’ has paid for you to testify in a particular way. He wants to tell the jury that he was selected to provide objective opinions on the facts of the case. For example:
A: I am not paid to testify about my opinions. I get paid for my time, expertise, and experience. My opinions are entirely my own and my fee for service is independent of the outcome of the case. My company bills my time off at $300/hour (or whatever rate).
Lawyers can make frontal attacks on your credibility at any time. It should not appear to be triggered by rude or abusive questioning tactics. Jurors will give you the benefit of the doubt if you calmly and simply correct any errors by opposing counsel.