Before testifying at deposition, expert witnesses should request a preparation session with retaining counsel. To make deposition preparation more productive, the expert should have a list of questions ready to ask counsel. Attorney Nadine Nasser Donovan, writing for SEAK, recommends the following 20 questions as a starting point:
1. Do I have everything?
2. What have you told the other side I’m going to opine on?
3. What have you given the other side about me? (CV? Written report? Expert disclosures?)
4. Have you hired any other experts on this case?
5. If so, what opinions are they going to give?
6. What is the theme of your case?
7. How does my opinion fit into that theme?
8. What experts has the other side retained?
9. What are these opposing experts going to say (or have said) at deposition?
10. Have any of the factual assumptions on which I based my opinion been disproven or discarded?
11. Has or is the other side trying to exclude my opinion?
12. What is the style/reputation of opposing counsel?
13. What is the judge’s courtroom demeanor and style?
14. What kind of visual aids/exhibits should I use in my testimony?
15. Are there any court-imposed or other limits to scope of deposition/trial inquiry by other side?
16. What should I bring with me to the deposition?
17. What questions is the other side likely to ask me about?
18. What is the current status of the litigation?
19. Is there any privileged/work product info in the file?
20. Will you ask me any questions? If so, what are they?
Attorney Donovan is the lead on-site trainer and a consultant for SEAK, Inc.