Whatever Works: Expert Witness Routines

By Noah Bolmer

Depositions and trials can be long, arduous affairs. Being prepared is paramount, and that includes getting into the right headspace. Much like getting ready for a difficult exam,  expert witnesses have unique and varied pretrial / pre-deposition routines. On our podcast, Engaging Experts, our guests were asked to share how they prepare for a big day. 

Caffeine and an Empty Stomach 

Despite common knowledge indicating that we perform better with adequate fuel, there is some research indicating that our minds may get a boost in a fasted state. Chemistry expert Dr. Seth Miller prefers to keep it light:  

Yes, heavy metal music and a can of Coke. I’m exaggerating a little bit, but my first rule is—look, food is the enemy at some level for me personally. I think better on an empty stomach up to a point—so I know, for example, after lunch that I (and a lot of people) will get a little sleepy. I have asked counsel whether they will take advantage in a deposition and save the really complex questions for 1:30 pm. And the answer is, “Of course we do!”  On deposition I’ll have half a sandwich at lunch. And I’ll have a very light breakfast just because I want blood going to my brain and not my gut. I’ll do smaller meals, so a ritual like this is important to me. Again, especially in a deposition, I might be on the stand for seven or eight hours—and that’s a long day. Figuring out how to meter in calories without bloating myself is important. I’m not kidding about the Coke—my biology takes well to empty calories. I know that other people might get too fidgety. 

Private Time 

While having a supportive family is great, even small distractions can derail productivity. Health law expert Professor Anna Kirkland gets set up in the basement:  

I drink some coffee and banish the family from the basement [. . .] I had other people in the house, and I had to be able to concentrate generally [during the COVID-19 pandemic]. I had set up a whole alternate workstation in my basement. I was thinking, how will I be able to do this in a way that I can focus?  

One Last Review 

For some, the best preparation… is more preparation. Forensic cosmetology expert Laura DuPriest gives everything a final look to ensure she’s ready for anything that comes:  

As far as that day is concerned, prepare for it as if you are a stage performer preparing for a performance [. . .] I like to be extraordinarily prepared—and what I mean by that is, I review everything from the beginning, when I wrote my report. I always review my opinion report, but I also review opposing counsel’s expert opinions, to make sure that I have every understanding. It’s like—you can’t fake an exam. You must be prepared. Preparation for me is making sure I have enough sleep and a day or two ahead of time to thoroughly prepare. 

Getting Centered 

While some like a good jolt of caffeine, some experts take a zen approach. Real estate expert Michael Maxwell notes, “Usually, on a pretrial or pre-deposition, I’m going to meditate, and I’m going to bring myself to a calm level. I’m going to minimize the amount of coffee that I drink. I’m going to drink a lot of lemon water because I dry out from being asked questions and providing answers.”  

In fact, many legal professionals are of the same opinion. Broadly, there is medical evidence that meditation and other mindfulness activities correlate with stress marker reduction in the amygdala. 

Getting Pumped 

There is evidence that regular exercise can improve performance and decrease anxiety in tense situations, like exams. Legal expert Professor Mark McKenna shares his routine:

This is actually just a life thing for me—it’s true for teaching but I have to start the day in the gym—I need to do something physical because otherwise I feel like I get up in the morning and I just sort of spin things in my head a lot. So, I need to get out and do something; go to the gym [or] at least go for a run. [There are] some experts who I’ve worked with—an expert who does a whole yoga routine before they go in the courtroom as a way of centering—I’ve worked with others who listen to [powerful] music. I think you’ve got to do what works for you. 

Go Your Own Way 

Expert routines are as diverse as their fields.  Whether conventional or completely unique, developing a routine that works for you will help prepare you for even the most demanding depositions and trials.  

For over 30 years, Round Table Group has been connecting litigators with skilled and qualified expert witnesses. If you are interested in being considered for expert witness opportunities, contact us at 202-908-4500 for more information or sign up now!