It may be useful to the expert witness to be aware of the sponsoring attorney's actions and objectives before and during the expert's direct testimony.

Before the expert's direct testimony, the sponsoring attorney should:

• Rehearse testimony and expected cross-examination with the expert.
• Remind the expert to reread any prior testimony and review all work done by staff members as part of the pretrial preparation.
• Brief the expert on how to behave in court and what the likely reactions of the judge and opposing counsel will be.
• Instruct the expert regarding appropriate conduct in or near the courtroom:
  • Avoid contact with the lawyer when the jury is present.
  • Avoid comments that might be overheard and misinterpreted by a juror or other witnesses or parties.
  • Remind the expert that witnesses are being observed at all times.
  • Remind the expert to appear to be a dispassionate professional, not an advocate, and to avoid overreaching.
• Tell the expert what materials to bring to court and to the witness stand.
• View all exhibits and examples the expert expects to use during testimony.
• Understand the expert's opinions and their basis; otherwise, rehabilitation during redirect testimony is impossible.
• Instruct the expert to direct answers to the judge or jury, not the examiner.
• Inform the expert of prior testimony by other witnesses that bears on the subject matter of the expert's testimony; provide the expert with pertinent deposition transcripts or portions of the daily trial transcript.
• Provide copies of the expert's exhibits to opposing counsel in a timely manner.
• Make sure that all information upon which the expert's opinion relies has been admitted in evidence.
• Recommend that the expert link testimony whenever possible to data in evidence.
• Inform the expert of the technical meaning of such words as "speculative."
• Maintain control of the form and content of the expert's proposed testimony.
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During the expert's direct testimony, the sponsoring attorney should:

• Give sufficient time and thought to the qualifications of the expert.
• Refuse opposing counsel's offer to stipulate that the witness is an expert.
• Disclose information about the expert's fee.
• Listen attentively to the expert's responses.
• Request amplification of points that are unclear or require emphasis.
• Avoid lengthy hypothetical questions.

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