Steps to Take to Ensure Your Lawyer's Expertise of the Technical Facts in Preparation for Testimonial Questioning

Steps to Take to Ensure Your Lawyer's Expertise of the Technical Facts in Preparation for Testimonial Questioning

Remember that your efforts are part of a team effort. You may sometimes feel that you have been selected to perform a technical chore only. That is your minimum responsibility, yes, but it helps to take a broader perspective of your role.

Most attorneys need you to help them know the technical elements of the case. In earlier lessons, I made it clear that one of your roles is to help educate attorneys about the technical elements of the case. I have also talked about your role in helping to prepare your attorneys for their own questioning of the other side's professionals during their depositions. Beyond that, you can help your attorney better know what the other experts said in their depositions or say in their written reports.

You should review with your lawyer the key technical elements that underlie your answers and opinions, and the key strengths and weaknesses of the opposing expert's opinions. You will not be able to help him during the cross examination of the opposing expert so he must know enough of the technical elements to be able to ask follow-on questions to the other expert's answers.

Do not assume that your lawyer understands the technical elements. Take time to review technical points with him so that you are sure he understands. Do this in the context of reviewing important opinions, both yours and the other expert's. Review aloud what you believe to be the key technical facts that you and the other expert plan to present. Review the underlying science, technology, or industry specific issues that underlie those opinions, both yours and the other expert's.

Review with your attorney what you believe to be the strengths and weaknesses of the technical opinions of both sides.

Ask if he understands or wants additional explanations. This teaching part is one that you may have performed at the starting of the case and continued during the procedure of discovery and depositions. But you still have a responsibility for ensuring that both you and your attorney are completely prepared for the trial phase.

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