• The expert who becomes familiar with the trial process will not fear the examining attorney or the setting.
• The expert must answer only the questions asked. The expert should never volunteer information beyond the scope of the question presented. The witness need not have an answer for every question.
  • "Yes."
  • "No." 
  • "I don't know."
  • "I don't remember."
  • "I don't understand the question."
  • By a simple factual answer.
• The expert should avoid such phrases as "I think," "I guess," "I believe" or "I assume." These are weak and insufficient to meet scientific and technical burdens of proof of reasonable probability.
• Taking a breath before answering a question is always a good idea. This allows the expert to appear deliberate and provides time to digest the question and frame an answer.
• The expert should be careful of "trap" words such as "absolutely" or "positively." Be cautious about estimating time, space and distance. Precise measurements or data should be used whenever possible.
• The expert should avoid fencing, arguing with or second-guessing examining counsel.
• The expert should not deny having had prior discussions about testimony in the case, if such is the fact.
• If technical information is involved, the expert should give specifics, not estimates, in the answer. Refer to files or notes to refresh recollection, if needed.
• If the testifying expert makes a mistake, the expert should correct it as soon as possible.
• If a negative or apparently damaging fact or omission has been elicited, the expert should admit it and move on quickly. To fence, hedge, argue, equivocate or become angry only exposes the expert to further cross-examination and a resultant loss of credibility. It also draws attention to the weakness.
• One way to handle such a situation is to answer the question and then add, "But please let me explain." The examining attorney will probably not let the expert do that, but the proffering attorney should ask the expert to explain on redirect examination.
• The expert should never answer too quickly or look to counsel for assistance.

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