Mastering Expert Witness Depositions and Cross-Examinations (Includes 1hour of Ethics)

Dan Shulman | Shulman & Buske Reams

With an illustrious career spanning five decades, Dan Shulman stands as a distinguished trial lawyer renowned for his prowess in complex commercial and civil rights litigation. Since his admission to practice in Minnesota in 1970, Dan has been at the forefront of legal advocacy, successfully trying lawsuits in state and federal courts across Minnesota and various other states.

A trailblazer in his field, Dan holds memberships in prestigious legal organizations, including the International Academy of Trial Lawyers, the American College of Trial Lawyers, and the Litigation Counsel of America, where he serves as a Fellow Emeritus.

Recognized for his exceptional legal acumen, Dan was honored as a Minnesota Lawyer of the Year in 2012 and 2018. In 2021, his dedication to excellence earned him a coveted spot in The Best Lawyers in America, acknowledged for his expertise in Antitrust Law, Bet-the-Company Litigation, and Commercial Litigation.

Dan’s academic journey reflects a commitment to intellectual rigor, with a Bachelor of Arts degree cum laude from Harvard College (1965), a Master’s Degree in English Literature from Yale University (1967), and a Juris Doctor degree with honors from Harvard Law School (1970).

Beyond his remarkable achievements, Dan continues to shape the legal landscape, leaving an indelible mark on the profession through his unparalleled experience and unwavering dedication.

James Susag | Larkin Hoffman

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to courtroom experience in crafting resolutions for their business disputes.

Lisa M. Szyc | Backus Burden

I graduated with a B.A. in Political Science from the University of Nevada Las Vegas. I attended law school at North Carolina Central University School of Law. I was admitted to the Nevada bar in 2009. Over the years I have practiced in the areas of criminal defense, family law and general civil liability. I have extensive bench and jury trial experience and think being a litigator is one of the best parts of being a lawyer. When I am not advocating for my clients I am actively involved in giving back to my community in various philanthropic endeavors.

Session I – Mastering Expert Witness Depositions | 11:00am – 12:00pm

• Preparing for an expert witness deposition
• Ways to strategically use deposition testimony
• Deposing difficult expert witnesses

Break | 12:00pm – 12:10pm

Session II – Cross-Examination of Expert Witnesses | 12:10pm – 1:10pm

• Using your own expert to optimize your cross-examination of opposing experts
• Setting up motions to strike expert testimony or exclude experts from testifying
• Avoiding pitfalls in expert cross-examination
• Best methods of impeachment for experts

Break | 1:10pm – 1:20pm

Session III – Effective Cross-Examination and Trial Integration | 1:20pm – 2:20pm

• Preparation is key
  • Who is the witness
  • What are you trying to establish
    • Bias/credibility
    • Incriminating statements
    • Favorable Facts
• Examining the witness
  • Eye contact/tempo/pace
  • Leading questions
  • Laying foundation to impeach
  • Attack mode vs leading down the Rosey path
• Examples of effective vs ineffective cross examination
• What it will reveal when it is done correctly
  • Bias
  • Prejudice
  • Credibility issues
  • Proof/undermine claims
• Using trial theme in cross examination

Break | 2:20pm – 2:30pm

Session IV – Ethical Considerations in Expert Depositions | 2:30pm – 3:30pm

• Client Confidences
  • Communication with experts are usually discoverable
  • Be mindful of “Reviewing Expert Draft Report”
• Hypotheticals
  • Hypotheticals are permitted but must be based on facts that are submitted on admissible evidence
  • False testimony
  • Cannot suborn perjury
  • Duty of candor to the court (this goes with the hypotheticals)
• Witness coaching
  • You cannot coach your witness
  • You cannot influence witness testimony or opinion
  • You cannot manipulate the facts of the case
• Compensation
  • What an expert has been paid is appropriate cross-examination topics
  • Establish basis
  • “Bought and Paid” expert opinion
• Duty to your client to be prepared
  • Know your Case
  • Do your homework
  • Don’t try to our expert the expert
  • Remember the tips for the effective cross-examinations