Attacking the Expert's Opinion

MCLE Credits: 6.5
Ethics Credits Included: 0.0

Live on Site: Thursday, September 13 / Fairfax
  Friday, September 14 / Richmond (Glen Allen)
Registration: 8:00 a.m.
Program: 8:30 a.m. - 4:15 p.m.
MCLE Credit: 6.5 (Ethics: 0.0)
Live-Interactive Credit: 6.5 Live Interactive MCLE Credit Symbol
Video on Site Options


Who Should Attend?

The litigator—associate or partner—who does not yet win the battle with the adverse expert witness, but wants to. And soon.

Featuring Robert Musante, a nationally recognized teacher of deposition skills

There is one right, logical method with which to effectively attack the adverse expert's opinion at deposition … no matter the area of law, no matter the field of expertise. As litigators from all areas of practice have attested, this seminar elucidates that logical method and teaches the archetypal set of integrated questions that are at the heart of every great deposition (and every great trial cross-examination) of the witness who has been paid to demolish your case theory. Never again be intimidated when cross-examining any expert.

Valuable for Even the Most Experienced Litigators

As he has with thousands of others, Musante will convince you that the discipline of deposition cross-examination must use an integrated set of logical rules, especially when dealing with an adverse expert witness. He will show you that the conscious and conscientious application of these rules will best exploit case theory opportunities and best attack case theory problems. No law school and few, if any, law firms recognize that taking a deposition is indeed an intellectually rigorous discipline—if done right. Sadly, the vast majority of litigators practice for an entire career without truly understanding this crucial syllogism: Trial is argument. Deposition is trial. Thus, deposition is argument.

Here is what other lawyers say about Musante’s seminars:

“Excellent seminar … very helpful in emphasizing the proper technique. Excellent speaker—very entertaining, speaks clearly, intelligently and without being repetitive or boring. The video clips worked very well—I particularly liked the fact that the clips were something that all can relate to.”

“I am extremely excited about what I've learned here … its practical application will be immediate.  Musante is fabulous.  He presents an extraordinary amount of information in an entertaining and effective way.”

“Excellent speaker.  This seminar is the best seminar by far.  I will be better organized, better prepared, less intimidated and more capable to competently cross examine the opposing expert and critically evaluate my expert.”

“I generally try to take one or two pieces of information from every seminar to actually use … I have far more after attending this seminar.  This seminar has given me tools to attack experts in any situation … it was exactly what I was looking for.”

“Top-notch practical techniques and logical reasons for those techniques. Excellent speaker who moves seminar along at a good pace.  His characterizations of scenarios help cement the concepts in the brain.”

“Excellent practical content.  I fully intend to study and implement Musante's advice/rules.  He is an excellent instructor; very thorough, informative and interesting.”

“Every litigation lawyer should take this seminar.  It is required to competently examine any expert.  Musante has a profound grasp of the ways/technology to instruct effectively.  This is the best seminar on exposing dishonest experts.  Perfect vignettes.”

“Excellent teacher … kept class well engaged with speaking style, computer graphics and media clips.”

“The seminar provides a superb, logical matrix for challenging the foundation behind and the ultimate opinion rendered by the opposition's expert.  Musante is a superb communicator and gifted teacher.  This seminar is the most comprehensive, analytical approach to handling experts that I have ever attended.”

Can't Attend?
Attend one of the 7 video replays offered statewide in September and October.
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8:00 Registration
8:30 Session I
  • “Mt. Olympus” expert introduced
  • Deposition cross-examination logic applied to experts
  • When attacks against an expert should be played at deposition
  • The structure of every opinion: O = R + 2F
  • End point opinions and subordinate opinions
  • Bedrock finding and bedrock assumptions
  • Cross-examiner's critical listening skills
10:00 Break
10:10 Session II
  • The schematic every-case-forever chart introduced
  • Five categories of expert opinions
  • Two must-be-asked questions
  • Ten types of expert rules
  • X and Y factors defined
  • Five components to a great cross-examination of an adverse expert
11:20 Break
11:30 Session III
  • Scientific rules and Sir Francis Bacon
  • When to use leading questions during the expert's deposition
  • Experiential rules (the “trust-me” expert)
  • Experiential rules (science vs. art)
  • Adverse expert vs. cross-examiner’s expert
  • Saving attacks for surprise at trial
12:30 Lunch (provided at live programs only)
1:15 Session IV
  • Attacking the scope of expert's claimed/implied area of expertise
  • Non-expert rules and the cloak of expertise
  • Expert’s answer’s strength
  • Expert’s weighing process
  • Critical listening skills tested
  • Two incredibly important—and easy to master—techniques
  • Attacks vs. expert’s claims re: X factors
  • The “certainty scale” and two archetypal arguments
  • Expert’s sources of assumptions
2:35 Break
2:45 Session V
  • Attacking expert’s findings derived through expert methods
  • Attacking expert’s findings derived through non-expert methods
  • The perfection line of questioning
  • Expert’s three—and only three—attacks vs. Y factors
  • Review of some key teaching points
  • Coda: Don't squander the expert’s deposition
4:15 Adjourn



Robert Musante is the country’s foremost teacher of deposition cross-examination skills. A 1978 graduate of the University of California, Boalt Hall Law School, he tried jury trials for 23 years, first as a prosecutor, then as a civil attorney. In addition, he taught trial practice at Boalt Hall for 16 years, 1984 through 1999. In 1993, he created the first of several killerdepo seminars. Since then, to great acclaim (see thousands of rave reviews at, he has taught more than 45,000 litigators the discipline of deposition cross-examination. More than 120 law firms, offices of state attorneys general, or bar groups, in 42 states have sponsored one or more of his seminars.

Locations, Dates and Fees


$325 regular registration (printed materials included).
$340 on-site registration (if space is available) (printed materials included).


FAIRFAX / Thursday, September 13
Waterford at Fair Oaks (Venue Website / Google Map)
12025 Lee Jackson Memorial Highway
(703) 352-3200

RICHMOND (Glen Allen) / Friday, September 14
The Place at Innsbrook (Venue Website / Google Map)
4036-C Cox Road
(804) 346-2100

Click here if you wish to register three or more people from the same firm.
A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar. 

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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