Hey Reader,

We love playing expert witnesses.

Neurologist.
Orthopedic Surgeon.
Radiologist—that’s Steve’s favorite.

And no matter the attorney we spar against, no matter the case, there's always one chapter of questions we can count on...

How much we're getting paid.

So when we prepped an expert witness this week for their deposition, we made sure to practice those questions.

Because every expert gets a chapter like this.

Here’s take one:

Q: You were retained by the plaintiff’s counsel in this case?

A: Correct.

Q: And you're being paid for your work on this case?

A: That's right.

Q: You're paid by the hour?

A: Yes.

Q: More than two hundred dollars an hour?

A: (hedging) Yes, it is more.

Q: More than five hundred?

A: (stalling) Yes.

Q: More than seven hundred?

A: I believe it's seven hundred and fifty.

That's the slow bleed.

The attorney walks them up the ladder — $200, $500, $700 — and the expert follows every step of the way. By the time the number lands, the jury has watched them hide it three times.

Take two:

Q: And you're being paid for the work on this case?

A: Yes.

Q: You're paid by the hour?

A: Yes.

Q: More than two hundred dollars an hour?

A: Yes, seven hundred and fifty dollars an hour.
​
No ladder. No slow reveal. Nothing to hide.

Pass this on to your expert:

Get the number out.

Don't be defensive.
Own it.

It takes away the opposing attorney's ability to make them look evasive or shady.

They're counting on their hourly rate to make your expert look like a hired gun... it’s the easiest attack in their playbook.

Your expert is qualified to do the work.
They're entitled to be paid for it.
No apology needed.

It all comes down to this:

The fee isn't what hurts credibility.
The hedging does.

Disarm it and move on.

Because the goal isn't to win the fee question.
It's to keep it from becoming the story.

Got an expert witness heading into a deposition or trial?

We’ve got your back.

→ [Schedule a consult]​

Your expert-prepping trial consultants,

P.S. We play opposing counsel when we prep witnesses. And our favorite moment is when a confident answer throws a wrench in our questions — that split second where we actually have to reset. That's when we know they're ready.

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