Do not perpetuate expert testimony! Perpetuation depositions are always a bad idea. If you absolutely must do one and have no other choice (doubtful—there is always another option of some sort, e.g. find a different expert, reset the trial date, convince your expert to rearrange their schedule to just make it happen), keep it as short as possible. Hit only the high points. In my nearly quarter of a century of trying cases, I have never seen a jury enjoy a perpetuation deposition and I am doubtful they have ever adopted anything from one. Preparation for Cross Examination Ask your expert to identify the other side’s most likely main points of contention they will probably raise on cross examination. If you are aware of other potential land mine topics the expert did not raise, go over them in detail with your expert and find out how they would respond if asked about them on cross. Then teach them how they should respond and tell them how you want them to respond. Do not be shy. Experts will speak up and let you know if you are off base or if they are unwilling to testify to things you want them to say. You can try to reach a middle ground or agree on appropriate wording agreeable to both of you. Be sure your expert knows they must not get defensive on cross. They must remain calm and professional. They should concede basic things that must be conceded to maintain credibility. Teach them how to turn an answer to a cross- examination question around so it results in emphasizing your key points. Again, some experts will need more schooling than others who are naturals or experienced witnesses. Preparation for Redirect Redirect, by its very nature, will usually happen on the fly. If you and your expert are thoroughly prepared for direct and cross examination, redirect should come naturally. Developing a solid relationship with your expert is key here. If you spend enough time going over the strengths and weaknesses of your case with your expert and highlighting your main points, redirect should flow smoothly. Conclusion The key to success in every aspect of trial is preparation, preparation, preparation. So, it is with expert selection and preparation. Find an expert you connect with and then prepare, prepare, prepare. Thorough preparation will give you the greatest advantage over your opponent. Most trial lawyers do not prepare enough. If you prepare and connect with your expert more than you think you need to, their testimony will flow naturally and be interesting and compelling to the jury. The personable, interesting witnesses are the ones the jury remembers and takes back to the jury room with them. This is the testimony jurors adopt and advocate for when they encounter any naysayers among their peers in the jury room. Selecting solid experts and preparing them to present concise and interesting testimony is key to success at trial. 43 Trial Lawyer | Winter 2025
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