Challenge the Opinion – Don’t Attack the Expert!
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