The Neuropsychologist • Preparation is key and sometimes gets neglected. o Do a run-through of an outline for testimony. o Help the expert understand their role in the case and how it fits in with the other expert testimony. o Collaborate on any needed visual aids or otherwise laying the groundwork for the case. o Review the legal issues in the case with the expert. Even if you think they already know, make it crystal clear. • Part of preparation is encouraging clear communication to the audience, whether this is a jury or an educated panel like an arbitration. Experts are trained to speak using jargon. They are usually not trained in communicating concepts to the layperson. o Practice using plain language during the run-through. o Remind the expert to communicate the “human story” in a case, not just the technical details. o During testimony, ask the expert to explain terms. • Help the expert prepare for the cross and areas that will likely be challenged. o Pass along specific knowledge about opposing attorneys and prepare experts for how to respond to cross examination questions in a helpful way. o “This attorney has been really aggressive” (a quote from a recent case) is less helpful than making suggestions. For example, “he’ll try to rattle you, but do your best to remain composed, reply in a matter-of-fact tone and know that I’ll come back to problematic areas on the re-direct.” • During the direct o Help keep your expert out of the weeds. Highlight the main points. o Don’t ask unexpected, open-ended questions. • During the re-direct o This is when I feel the attorney has my back — or not. Rehabilitate your expert’s testimony. Help “pick up the pieces” when the opposing attorney has been aggressive, e.g., not allowing a full reply. o Help the expert finish highlighting the main points. See Tips from Four Doctors p. 28 27 Trial Lawyer | Winter 2025
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