What I will not testify to

Counsel sometimes assumes that an engaged expert will testify to whatever opinion the brief implies. I will not. The opinion I offer under oath is the opinion I have written, in plain prose, after reading the complete record. If the medicine does not support the framing, I say so, in writing, before depositions are scheduled. This protects the matter — and the counsel — from a deposition that goes sideways under cross. It is also why my engagements are scoped in writing and why I decline matters that arrive with the answer already in the question.

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