In my last blog, I spoke about preparing my expert report.  This blog discusses my expert witness deposition. 

After several months, I was called upon to provide a deposition.  Unbeknownst to me, counsel that retained me and opposing counsel had numerous weeks of debate over if I was ever going to be called for a deposition.  Opposing counsel, essentially, had forgotten that there was a need to take my deposition until literally a few weeks before trial. 

Nonetheless, my deposition was scheduled, and I was prepared by counsel.  Over the course of several hours, I was efficiently and effectively debriefed on my report, and questioned as to the specifics of my conclusions and the underlying foundation.  I was then asked to review all the court filings to prepare for my deposition. 

I was deposed by opposing counsel, who was genial enough.  Over the next seven hours, I was quizzed on my background, writings, and opinion.  I spent much of the day responding to inquiries regarding the other expert in the case, who had rendered an opinion directly opposite to mine.  I believed that opposing counsel’s expert opinion was ill-conceived and lacked a foundation. 

I was also questioned by the counsel that retained me, who cleared up some confusing aspects of opposing counsel’s questioning.  At the end of the day, I was exhausted, but believed that the deposition was fruitful.  In the concluding blog entry, I will discuss the actual trial preparation and testimony.