Cross-Examination Techniques: Effectiveness of the examination during trial, doctor depositions and cross-examination

Bart H. Williams | Proskauer

Bart Williams is a highly sought-after trial lawyer renowned for his strategic acumen, meticulous approach, and persuasive advocacy. With extensive experience in commercial litigation, white collar criminal defense and corporate investigations, Bart excels in guiding clients through complex litigation crises and trying their most important cases before juries and judges.

Known for his ability to deliver the win, Bart is often called upon just months or weeks before a trial. A longtime fellow of the American College of Trial Lawyers, Bart boasts an impressive track record of victories in both jury and bench trials nationwide.

His legal prowess has made him the trusted trial counsel for numerous Fortune 500 companies across a wide array of industries, providing invaluable litigation and counseling services in high stakes matters. Bart's achievements have garnered recognition in reputable publications such as Law360, The American Lawyer, and the Daily Journal, which has consistently ranked him among the top lawyers in California. He has also repeatedly been honored as a Top Minority Leader of Influence and Leader of Influence: Litigators & Trial Attorneys by the Los Angeles Business Journal, one of the Top 100 Trial Lawyers by the Daily Journal, and a 2023 Visionary by the Los Angeles Times’ Business of Law.

Earlier in his career, Bart served as an assistant U.S. attorney in the Central District of California where he concentrated on complex criminal prosecutions involving allegations of fraud or other business crimes, racketeering and money laundering and obtained convictions in 11 out of 11 jury trials. He received several special commendations during his tenure, including one from the former director of the FBI.

Brett Panter | Panter, Panter & Sampedro

Brett A. Panter is a Florida Bar Board Certified Civil Trial Lawyer and primarily practices in the area of Complex Civil Litigation including but not limited to Personal Injury, Wrongful Death, Medical Malpractice, Nursing Home Neglect, Product Liability, Premises Liability, Mediation, and Aviation Litigation such as in this plane crash case.

Brett A. Panter was lead counsel in Brown v. Alba-Martinez, M.D., a medical malpractice case, and on October 30, 2009 a jury rendered $8.5 million verdict. At age 30, Brett Panter was lead counsel Stark, West and Clay v. Alamo Rent A Car, where a jury rendered a $7.7 million verdict. That verdict was upheld on appeal in Clay v. Alamo, 586 So.2d 394 (Fla. 3rd DCA 1991). After all appeals were exhausted Alamo paid the families over $9.5 million. Mr. Panter also served as lead counsel in Garcia v. Florida Erectors, Inc., a construction accident case. On May 22, 2009, a jury found a sub-contractor negligent and rendered a verdict of $3.6 million. Mr. Panter was also lead counsel in American Aerial Lift, Inc. v. Perez, 629 So.2d 169 (Fla. 3d DCA 1993), rev. denied, 637 So.2d 233 (Fla. 1994), in which a jury rendered a $1.7 million verdict. The Perez case was appealed to the Supreme Court. Mr. Panter’s closing arguments in the cases of Stark and Perez were published nationally. As lead counsel in Del Risco v. Industrial Affiliates, Ltd., 556 So.2d 1148 (Fla. 3d DCA 1990), Mr. Panter obtained a jury verdict for his client in the amount of $1.5 million. Mr. Panter has achieved many other settlements in complex claims resulting in recoveries greater than $1 million. Additionally, Mr. Panter was lead counsel in a $7 million settlement in a case where Simon Rider was ejected from his golf cart and sustained traumatic brain injuries. Please see our Verdicts and Settlements page for a list of all of our firm’s results.

Session I – Five Suggestions for Effective Cross-Examination Preparation | 12:50pm – 1:50pm

I. What can be done to improve the effectiveness of the examination during trial | 12:50pm – 1:20pm

II. Recommendations concerning deposition techniques | 1:20pm – 1:50pm

Break | 1:50pm – 2:00pm

Session II – Dynamic Techniques for Doctor Depositions and Cross-Examination | 2:00pm – 2:30pm

I. The usual rules apply | 2:00pm – 2:10pm

• Professional, polite (more bees with honey attitude)
• Respectful
• LISTEN to the answers! Answers will guide the depo
• Set goals (what do you want to get out of this witness)
• Voir dire (is this person really an expert) knowledge, experience, training
• Establish knowledge (or lack thereof) of victim or hospital
• Discuss facility procedures, policies (or lack thereof)

II.Outline for nurse witness deposition | 2:10pm – 2:20pm
III. Cross Examination | 2:20pm – 2:30pm