Deposition tactics for difficult expert witnesses

Hinzugefügt: 2026-05-23

[00:00:00]I ask her about has she ever used the word malingering? Now in her CV that I attach as an exhibit, the word malingering comes up in 22 of her articles. She wrote a book that contained the word malingering maybe a thousand times. I have 25 depositions of her in the past where she's used the word malingering. So I can prove that she's used the word malingering. But I want to give her an opportunity to admit it. But if she doesn't, and then I'm going to double down and push her because I want to show the jury that she is willing to lie under oath. So now listen to this.

[00:00:45]>> In the past, have you used the term malingering in medical legal context? I don't know. It's not a term we use anymore. I don't know if I used it in the past, when I stopped using it. If I've used it in the past.

[00:01:00]What?

[00:01:01]>> I'm talking about depositions, writings, whatever. Are you really saying that you don't remember if you've ever used the word malingering in med legal work?

[00:01:10]As I sit here, I can't think of any reports where I've used that term and it's certainly not a term I use now. In the past, have you ever said in depo or written in a report or any publications the term malingering?

[00:01:24]I don't know if I've written it in a report. I don't know if I've used the term in deposition.

[00:01:29]>> Crazy.

[00:01:29]>> Certainly uh publications maybe 20, 25 years ago. It might be in those publications.

[00:01:38]You just don't recall. I don't recall.

[00:01:40]>> Crazy.