Two things CLE
never gave you.

In your mind's eye, I want you to think about what that phone conversation went like between defense counsel and this expert. How much of the case did they actually discuss? Imagine at what point the expert decided on her opinions. How close in time to the expert witness disclosure was she retained? Got it?

If you develop a rough outline of that conversation, you will organically fill in the traditional cross-examination and reveal your strongest course of attack.

For example, if the lawyer/expert conversation was casual and light, as you suspect, then perhaps the theme of your cross-examination should be Instant opinions; just add water. Focus on prior case work, professional memberships, speaking engagements, and industry involvement. You will inevitably find a consistent pattern of her surrounding herself with advocates rather than the pursuit of science that a jury ought to expect from an expert.

Once in the deposition, you'll gain traction immediately once you realize you know her prior opinions, appearances, and prior testimony better than her.

Score your soundbites for inclusion in Motion for Summary Judgment, Motion to Strike, Daubert hearing, and ultimately, closing argument.

Jurors are not as well-versed as lawyers as to what a deposition is, despite jury instructions. Think of your first day of law school — I'm sure you had some vague notion, but the bottom line is that a deposition is a document of truth. What's the best way to get that truth to the jury?

Hint: it's not your brother-in-law, unless he is Jake Gyllenhaal.

Instead, other attorneys work well because they understand the flow, pace, and inflection of a deposition. In larger cases with the appropriate budget, local actors can be brought in.

Hell, 90% of our representative democracy is performative, so why should a juror expect anything different?

Here are a few that may help you stay calm and productive. Number one: trial is not an excuse for supervisors to flip out. Exasperation is normal and no one is perfect, but if you are stuck in a rage situation, I have seen a paralegal quietly leave a note that says, I am on my cell when you're ready. Wonderful mom-ism for 'you are being a giant jackass.'

In terms of logistics, most trial teams have a war room, whether you are on the road or at home. In my experience, the paralegal is the master and commander of that space. He or she should distribute keys to everyone, set rules (i.e., use the bathroom in your own hotel room, never in the community area), post room numbers, lists, and cell phone numbers somewhere prominent, and generally commandeer the workflow.

Insider tip: get help from the associates — just because they have a law degree doesn't mean they can't haul in juice boxes and beef jerky.

Good luck in your trial, and remember: no one knows if you've worn that blazer earlier in the week.