Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them

In Expert Testimony, Steven Lubet provides experts with the knowledge they need for effective courtroom communication. Through his discussion of preparation, depositions, direct and cross-examination, and other components of the trial process, Lubet teaches expert witnesses how to make sure they "get to say what they really mean" while avoiding the traps and snares that may be set by opposing counsel. By analyzing and demystifying every aspect of opinion testimony, Lubet has created a work that is invaluable to both witnesses and lawyers.

Lubet describes the many variables that affect the perceived credibility of an expert witness, including rapport, reporting bias, knowledge bias, appearance, and demeanor. He explains the ways that experts can emphasize their credibility and, perhaps more importantly, how they can avoid the unintentional signals that may actually undermine the acceptance of their opinions. He then examines witness preparation, focusing on the relationship between retaining counsel and the expert witness in the critical areas of issue identification, data development, and presentation. The chapter on direct examination addresses the need for every expert to develop a "theory," or a short summary that explains, in everyday language, why the expert's approach is accurate and believable. Using compelling examples, Lubet clearly shows that without such a theory direct examination can easily dissolve into a welter of meaningless details.

Cross-examination lies at the heart of Expert Testimony, which devotes three full chapters to the subject. After describing the process and structure of the cross-examination, Lubet explains every lawyer's four basic goals on cross-examination: control the answers, tell counsel's story, minimize the expert's impact, and limit the expert's input. Equipped with this information, witnesses will better understand how and when they can take advantage of opportunities to explain their testimony, no matter how hard a cross-examiner may try to restrict their answers. Lubet provides a guide to the seven most common cross-examination techniques and exposes the six most frequently encountered "trick questions." The book concludes with the first-ever comprehensive analysis of issues pertaining to expert witness.