Скачать или смотреть The Art of Cross-Examining Experts with Guest Christian Morris | Best Practices with Kenny Berger

In Season 4, Episode 11 of Best Practices with Kenny Berger, attorney Kenny Berger is joined by Las Vegas trial lawyer, Christian Morris, to discuss mastering cross-examination of defense experts in trial. Christian dives deep into the strategies that have helped her effectively dismantle expert testimony and secure justice for her clients.

From thorough preparation to dynamic in-court tactics, Christian reveals the importance of:

-Researching an expert’s background and the literature they rely on,
-Using visuals to clarify and contrast opinions, and
-Staying flexible during cross-examination.

Whether you’re a seasoned attorney or just starting out, this episode offers a wealth of knowledge that can elevate your courtroom practice to new heights. Tune in to learn how to turn expert cross-examination into a powerful tool in your legal arsenal.

Key Takeaways

1. Preparing for the Expert's Deposition and Trial Testimony
Request expert reports if required in your jurisdiction
Leverage listservs and colleagues to gather impeachment material on the expert
Review all materials the expert relies on, including literature/studies
Identify the key points you want to attack or undermine from their direct testimony

2. Effective Cross-Examination Techniques
Use visuals like easel boards to outline expert's opinions as agree/disagree
Simplify complex opinions: "Let's play a game called Yes or No"
Point out contradictions between expert's opinion and own hospital/employer guidelines
Highlight areas the expert omitted or failed to consider as potential causes
Contrast expert's opinion with treating physicians who actually examined client

3. Maintaining Control During Cross
If going sideways, reset by taking a break, snack, or transitioning to "safety" questions
Give jury a heads up if you plan to get confrontational
Don't feel married to your outline, be dynamic and responsive to expert's testimony
Have associate take notes on key points to ensure you cover everything important

4. Training Associates on Cross-Examination
Get them practicing cross-examination skills early and often
Force them to articulate their core point and how they plan to get there
Use a team approach where others provide feedback and suggestions
Learn from experience, analyze what went wrong and how to improve next time