Most good experts know that their role is one of
educating the jurors to their point of view, to their opinion. This is true
whether the expert is responding to direct or cross examination.
Experts are usually adept at looking at counsel
during a question posed in direct examination, then spontaneously looking at
the jurors for the greater part of their response. They are indeed fulfilling
their role as educators.
However, when it comes to cross, too many experts
become locked in an eye-to-eye duel with opposing counsel, mightily defending
their opinion. They stop educating. One of the easiest ways to counter this
tendency is to encourage your experts to maintain good eye contact with the
jurors even during cross. Not, of course, as the question is being asked, but
during the expert’s response, as long as that response is more than just a few
words.
It is certainly more challenging, but a
well-prepared expert can usually find a way to restate his/her opinion, and
during that portion of their response, look out to the jurors. Just as the
expert will or did during direct.
Practice with your expert! Role-play a few cross
examination questions to support your expert’s ability to continue his/her
educating-the-jurors function even as the expert is in a more defensive
posture.
Eye contact can make all the difference.
