Response to Opposing Experts
Our legal team assists attorneys in evaluating opposing experts, employing the same rigorous screening process we use to vett Bardwell Consulting experts, to identify weaknesses in credentials or opinions. We identify areas to explore on deposition or cross, and grounds for challenges to the expert’s credentials. Whether it’s past Daubert challenges, a mismatch in expertise, or an expert reaching outside their knowledge area, we’ll help you identify how best to challenge the opposing expert’s credentials.
In addition to examining the expert’s credentials, we will review the opposing expert’s report to identify both weaknesses and strong opinions that need to be responded to with full force. We will provide you and your expert guidance in how to effectively respond to the opposing expert. Our review includes recommendation for arguments in a rebuttal expert report; suggestions for questions or lines of questioning for depositions or cross; and areas for Daubert/Rule 702 challenges to the expert’s credentials or opinions.
If a Daubert challenge is warranted, we identify the field-specific authorities that discredit the opposing expert, and match this supporting material to the legal standards that support exclusion. Because expert evidence accepted by courts can be particular and vary by field and jurisdiction, we will help you find the most persuasive authority for the inadmissibility of the opposing experts’ opinions.
Finally, we can help counsel prepare for crossing the opposing expert by mooting with our in-house experts in the shoes of the opposing expert. We can provide pointers before and after mooting, as well as video, to help counsel identify how to effectively question and discredit opposing experts.
