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James D. Crosby, Attorney at Law. Complex and General Business Litigation and Trial Representation. San Diego, California. O: (619) 450-4149 C: (858) 705-0083 Email: crosby@crosbyattorney.com

Challenge the Opinion – Don’t Attack the Expert!

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

Challenging opinions and attacking experts is case-specific and can be quite nuanced. Particular cases can and do provide opportunities to effectively attack the credibility, expertise and even bias of an expert, even a smart, experienced, well-prepared one. But, there will be times when the opposing expert has done a fine job and reached a spot-on, fully-supportable, opinion, but based on incomplete facts and faulty presumptions provided by counsel. In those cases, it is always better to challenge the opinion and not attack the expert. See my new article in San Diego Lawyer. https://issuu.com/sdcba/docs/san_diego_lawyer_mar_apr_2017_issuu/26     

 

 

Damn, I really wanted to do that cross!

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

I was scheduled to start a bench trial on Tuesday for a plaintiff in a property/easement dispute. Well-prepared, ready to go. Spent probably 8 hours over the weekend, alone in my office, no interruptions, tuning, re-tuning and fine-tuning the perfect cross-examination of the defendant. Going to call him right out of the gate, first witness, as an adverse witness under Evidence Code Section 776. It was going to be brutal, a thing of beauty.

Tuesday morning, in court, fully briefed, all set up, tech working, clients nervous but ready, witnesses lined up, ready to go – case settles! Good settlement, great result for client, fine conclusion to the case.

But, damn, I really wanted to do that cross!

 

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