Personal Injury Law
Ask a Personal Injury Lawyer. Get an Answer ASAP
Thank you for your question. It will be a pleasure to assist you again.There is a very significant downside from the perspective of representation. By prepping the witness yourself, you might not be likewise letting your own attorney properly prep for trial. If anything, prepping should take place jointly between you and your attorney to ensure that the parties are all on the same proverbial page. Your attorney otherwise could be less prepared and be surprised when this expert is sworn in and questioned. I can absolutely understand the belief that you yourself are the best able in getting this done (and it may well be true), but this may create a disconnect between you and your attorney. Unless you are planning on conducting direct examination, prepping may not be wise on your own.Good luck.
Thank you for the sound advice. Does your opinion differ at all if what is to happen is that this dr's deposition will be taken for use at trial in advance of trial because he lives in a different state? So basically, I'd likely be the person drafting the "direct" exam questions, as I've done for other witnesses.
You - Dimitry. I was trying to submit all of the questions on this topic to you. Thanks.
Oh, great, thank you very much. Then next time all I ask is you post my name in your question because then I would be notified that you are seeking me out. To respond directly, you asked:Thank you for the sound advice. Does your opinion differ at all if what is to happen is that this dr's deposition will be taken for use at trial in advance of trial because he lives in a different state? So basically, I'd likely be the person drafting the "direct" exam questions, as I've done for other witnesses.------My opinion would still not differ because by far the worst thing that can happen to your case, or any case, is if you, your attorney, and the expert witness are not in synch. This is a tough position to be in, the position of 'client', but ultimately you would need to make sure that it is your attorney who is best prepped with your expert, and not you yourself. What you deem to be pertinent, relevant, and useful may not be what your attorney finds pertinent, relevant, and useful, so that may not be what he would focus on during direct. You know this as well as I do, all attorneys have their own style and if your attorney ends up going against his own style, it may end up harming your case. It may instead be wiser prepping your attorney first, who can then prep the expert.That is just my take on this situation. Hope it helps.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).