Is pre-trial prep needed? Absolutely! Double!! This is when all the elements come together. First, there always seems to be some aspect of a case that attorneys didn’t mention previously because they thought it was irrelevant. Then there are circumstances that were not explored deeply enough. I say this not to cast aspersions but rather to plainly point out that this is the last opportunity to focus on it. If information came to light recently we need to explore it. Regardless of the reason I need to know A: to be helpful, and B: avoid being caught off guard or worse portrayed in front of a jury as unprepared. Enough time needs to be set aside for preparation. Usually there is a need to craft testimony qualifying the expert. This should be broad indicating education and experience with related topics, and specific to the opinions offered. Basis and methodology for the opinion(s) takes the most testimony prep time as this is what the finders of fact will need to understand the opinion and firmly grasp its implications. It must be understandable by the average person so boiling it down to basics is key. Lastly, we must explore what we think the rebuttal testimony will be and anticipate where that may lead.
