May 6, 2008

Boost Your Expert's Confidence

Noelle C. Nelson
Malibu, California

Even expert witnesses who testify confidently during direct examination may feel vulnerable during cross-examination. This is understandable: They are allowed to speak only to answer questions, and they are in a less authoritative, seated position while opposing counsel is generally standing. It is quite possible for expert witnesses to become confused or intimidated and rapidly lose their sense of competence.

One way to restore the balance of power is deceptively simple: Encourage your experts to use opposing counsel's name when they feel insecure. For example, opposing counsel might ask, "Dr. Smith, isn't it true that you know much less about toxic exposures than we have been led to believe?" Your expert might answer, "No, Mr. Jones, I believe the nature of my expertise has been accurately described." You will be surprised at how well this bolsters an expert's flagging self-confidence.

And remember, AAJ offers numerous CLE and educational offerings to help you build your practice and cases, as well as related products and materials through the AAJ Exchange.