Comments on: Simple Jury Persuasion: Make Your Expert Optimally Persuasive http://keenetrial.com/blog/2010/03/12/simple-jury-persuasion-make-your-expert-optimally-persuasive/?utm_source=rss&utm_medium=rss&utm_campaign=simple-jury-persuasion-make-your-expert-optimally-persuasive You Know Law. We Know Juries. Fri, 10 Feb 2012 20:25:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: psychopium http://keenetrial.com/blog/2010/03/12/simple-jury-persuasion-make-your-expert-optimally-persuasive/comment-page-1/#comment-1468 psychopium Sun, 14 Mar 2010 01:30:04 +0000 http://keenetrial.com/blog/?p=928#comment-1468 <span class="topsy_trackback_comment"><span class="topsy_twitter_username"><span class="topsy_trackback_content">[en anglais] Témoignage d'un expert et persuasion du jury dans un procès http://bit.ly/cxP1QQ</span></span> [en anglais] Témoignage d'un expert et persuasion du jury dans un procès http://bit.ly/cxP1QQ

]]> By: Doug Keene http://keenetrial.com/blog/2010/03/12/simple-jury-persuasion-make-your-expert-optimally-persuasive/comment-page-1/#comment-922 Doug Keene Fri, 12 Mar 2010 16:49:59 +0000 http://keenetrial.com/blog/?p=928#comment-922 Tim, Thanks for your comment. As I re-read the blog post I wish I had written it more artfully, so we might be discussing a different nuance. My point is that willingness to respectfully disagree and express mastery over the opposition expert material is crucial. You are right, that your expert isn't likely to achieve that during cross, but more likely in your direct or re-direct. They can either do that by commenting on prior testimony or by commenting on expert reports. But I agree with you completely; experts who try to score while on defense (during cross) usually look argumentative, elicit non-responsiveness objections, are viewed as improper advocates, and are not liked as much. Tim, Thanks for your comment. As I re-read the blog post I wish I had written it more artfully, so we might be discussing a different nuance. My point is that willingness to respectfully disagree and express mastery over the opposition expert material is crucial. You are right, that your expert isn’t likely to achieve that during cross, but more likely in your direct or re-direct. They can either do that by commenting on prior testimony or by commenting on expert reports. But I agree with you completely; experts who try to score while on defense (during cross) usually look argumentative, elicit non-responsiveness objections, are viewed as improper advocates, and are not liked as much.

]]> By: Timothy R. Hughes http://keenetrial.com/blog/2010/03/12/simple-jury-persuasion-make-your-expert-optimally-persuasive/comment-page-1/#comment-920 Timothy R. Hughes Fri, 12 Mar 2010 13:57:20 +0000 http://keenetrial.com/blog/?p=928#comment-920 It is not ridiculous at all on the be nice comment - likeability is critical. Great post, although I do have a question about this: "On cross-examination, ask them to explain how their explanation is more correct than the other side’s expert testimony." I assume this is you coaching your expert on how to deal with the other side's cross? Good advice, but a good lawyer on the other side will make this difficult or impossible. I tend to ask very tight, very leading questions on cross and not permit much wiggle to avoid having the opposing expert try to turn the tables on me. It is not ridiculous at all on the be nice comment – likeability is critical.

Great post, although I do have a question about this:
“On cross-examination, ask them to explain how their explanation is more correct than the other side’s expert testimony.”

I assume this is you coaching your expert on how to deal with the other side’s cross? Good advice, but a good lawyer on the other side will make this difficult or impossible. I tend to ask very tight, very leading questions on cross and not permit much wiggle to avoid having the opposing expert try to turn the tables on me.

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