Fraud Basics

Preparing for deposition war

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Date: November 1, 2022
Read Time: 6 mins

You look 10 years old. The opposing expert has been an expert witness for 30-plus years. Why in the world should even one juror listen to you over the opposing expert?” It was 7 a.m. in August 2021 — the week prior to my first deposition ever as an expert witness in a trial — when I received an email with these insults. The plaintiff’s counsel had retained the firm I worked for to analyze and trace the plaintiff’s investment into XYZ Corp. My then-managing partner and I jointly prepared a report detailing XYZ’s lack of inventory records, cash withdrawals disguised as inventory purchases and improper revenue recording. Because I’d performed most of the analysis, I asked the plaintiff’s counsel if I could testify rather than my manager (who had three decades of experience providing litigation support services). The plaintiff’s counsel replied with the most belittling, demeaning and unprofessional email that I’d ever received. Yet I couldn’t stop laughing. After multiple rereads of this email, I decided it would be for the best to let it go and not respond. Turns out, that was a good move.

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