3 Reasons Attorneys Should Read Expert Deposition Transcripts

Attorneys looking for an expert to assist with their case see the CV merely as a starting point. For many lawyers, transcripts of depositions from an expert witness provide a wealth of information that isn’t captured by a CV, resume, or portfolio. Here, we’ll discuss the top three reasons why attorneys should access deposition transcripts as a CV.

1. Depositions Allow Visibility into Previous Litigation Experience

Looking at past performance in a similar task is a great indicator of how someone will perform presently. For attorneys seeking experts, depositions from previous cases, including a defense expert's deposition transcript, shed light on how the expert witnesses might perform.

By finding deposition transcripts, an attorney can quickly evaluate the expert witness’s strengths and weaknesses while responding to questions. This allows the attorney to better strategize how this expert can be incorporated into their case.

When an attorney is ready to retain, they already have insight into the communication style and subject specialization of the prospective expert. They’re also well equipped to help their chosen expert shore up any weaknesses in their deposition skills.

2. Depositions Help Confirm Previous Expert Opinions

At trial, opposing counsel often will bring up an expert’s opinions from previous cases. It’s a common strategy to undermine confidence in the expert’s present conclusions. But a hiring attorney can anticipate these attacks by reading a deposition transcript before retaining an expert. An attorney gains a clear understanding of an expert’s prior opinions. As such, they can prepare for opposing arguments.

With this understanding, both the attorney and expert can build a sound strategy to explain any discrepancies in opinion. This knowledge also allows attorneys and experts to draw connections between previous opinions that support the expert’s work on the current case.

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Submit transcripts from previous cases to earn credits, which can be used to access transcripts of your retained or opposing experts. Leverage our deposition review software and explore our growing collection of deposition and trial transcripts, expert CVs, reports, affidavits, court exhibits, legal filings, and more.

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By providing attorneys access to depositions from previous cases, expert witnesses help clear potential objections and challenges out of the way. This way, experts can focus on the facts and analysis before them.

3. Depositions Help Assess Fit

Ensuring an expert’s fit for a particular case is a confluence of several factors. Professional background, practice, and research comprise just one part of the analysis. How an expert conducts themselves during questioning is another key factor, especially in the context of a defending expert deposition, where an expert's ability to maintain credibility under cross-examination is critical. An expert’s methods of explaining technical or scientific details to layperson audiences are also crucial.

A previous deposition’s transcript allows an attorney to see all these factors at play in a real-world example. By reading the deposition, the attorney develops a much clearer understanding of the expert’s performance within the context of an actual court case. When the time comes to hire an expert, the attorney has a much clearer idea of which professional is the best fit.

Reading deposition transcripts is also the fastest way for an attorney to assess an expert’s fit for a case. Plus, attorneys are able to save precious time and resources when it comes to researching experts’ backgrounds. As a result, attorneys can retain quicker. Additionally, attorneys can be more confident in their decision having already seen the expert in deposition-action.