How To Not Mess Up an Affidavit: Agree With It in Full
𝘼𝙩𝙩𝙤𝙧𝙣𝙚𝙮:"Review this affidavit of merit we crafted"
𝙈𝙚:"Review this 𝗙𝗨𝗟𝗟𝗬 revised affidavit"(𝟯 𝙙𝙖𝙮𝙨 𝙡𝙖𝙩𝙚𝙧)
Affidavits of merit are to be taken seriously
↳By signing off, the expert must be in full agreement
Before signing and notarizing an affidavit:
• An expert must review each line of text
• An expert must edit each fact and value given
• An expert must audit the timeline documented
Then they should slap a "𝘿𝙧𝙖𝙛𝙩" watermark on it and discuss it at length with their retaining attorney
Nobody wants to be surprised by the affidavit
↳And discovery rules vary state by state
Signing off on an affidavit that contains erroneous information will surely be brought up in deposition
↳And will give the opposing counsel an opening
↳So only sign an affidavit if 𝟭𝟬𝟬% in agreement
𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆: An expert must agree with and be able to defend everything written in an affidavit
↳𝙁𝙖𝙞𝙡𝙪𝙧𝙚 𝙩𝙤 𝙙𝙤 𝙨𝙤 𝙞𝙨 𝙖 𝙢𝙖𝙟𝙤𝙧 𝙡𝙞𝙖𝙗𝙞𝙡𝙞𝙩𝙮 𝙞𝙣 𝙡𝙞𝙩𝙞𝙜𝙖𝙩𝙞𝙤𝙣
𝗣.𝗦. - Have you ever read an opposing expert's affidavit and thought to yourself, "Gotcha!" ... 𝙄 𝙝𝙖𝙫𝙚