Podcast Summary: Texas Family Law Insiders

Episode: Greg Beane | Understanding How to Direct and Cross Expert Witnesses
Host: Holly Draper
Date: January 29, 2025

Overview

In this episode, host Holly Draper sits down with Greg Beane, board certified family law attorney at Webb Family Law in Dallas. The discussion centers on demystifying the use of expert witnesses in Texas family law cases. Greg breaks down the essentials of qualifying, preparing, directing, and crossing expert witnesses—covering both the “why” and the “how.” They explore common pitfalls, practical courtroom strategies, and recent legislative changes, making this episode a practical guide for attorneys at any stage.

Key Discussion Points & Insights

Greg Beane’s Background

• Greg’s Early Practice Experience (01:41):
  Started in a small East Texas town, handling diverse cases before focusing exclusively on family law in Dallas.
  "Out there, basically, you take what comes in the door... criminal, civil, real estate, probate, water districts, school boards—anything you can think of." – Greg Beane

Basics of Expert Testimony

The Daubert/Robinson Factors (03:31)

• Derived from Texas Rule of Evidence 702.
• Allows qualified experts to give opinions—even on ultimate issues—if:
  1. Qualifications: The expert has specialized knowledge.
  2. Knowledge: The expert truly knows the subject matter.
  3. Helpfulness: Testimony aids the court or jury.
  4. Reliability/Foundation: The opinion is based on reliable, accurate data.
• "The big picture is that you can have an expert that gives an opinion that helps the court or the jury understand the issue." – Greg Beane (04:33)

Breaking Down the Four-Prong Test

1. Qualifications (05:04):

   • Must prove background and suitability in the relevant area.
   • “You have to have a person with the specialized knowledge and qualifications. You look at what grease the person has, how much experience they have, how many other cases they testified in...” – Greg (05:21)
   • Attorneys should dig deep, not just accept broad credentials.

2. Knowledge (07:22):

   • Beyond credentials, actual familiarity with the current standards and subject is critical.
   • Continuing education and field-specific experience matter.

3. Helpfulness (08:22):

   • Expertise must actually aid fact-finding. Attempts to exclude experts often focus on this prong.
   • "Is this an issue in which we need expert testimony that would help the jury or help a court make a ruling in this...?" – Greg (08:23)

4. Reliability/Foundation (12:32):

   • The expert’s underlying data and methods need to make sense and be in line with accepted principles.
   • For “soft sciences” (e.g., mental health), courts look for an “analytical gap”—watching for opinions that stray too far from the facts or accepted methods.
   • "It's is your expert and is this opinion reliable? Is that something that a court would rely on in making a decision or a jury for that matter?" – Greg (12:34)

Preparing and Presenting Experts Under Time Constraints

• Use the expert’s CV as a shorthand to prove up qualifications, especially when time-limited (10:17).
  • "I'll get the expert CV and just have them just put it in front of them... and you put the CV in as a summary..." – Greg (10:19)
• Stipulations can save time, but sometimes you want the other side to burn their clock.

Working with Expert Reports

Direct Examination of Child Custody Evaluators (18:34)

• Always check qualifications—even for court-appointed experts!
• Prepare with the report, the expert’s CV, and Chapter 107 of the Texas Family Code.
• Question sequence:
  1. Background & qualifications
  2. What were they hired for?
  3. Methodology used (verify each statutory step)
  4. Open-ended recommendations and the basis for opinions
  5. Identify any concerns about the other side
• For jury trials, highlight the expert’s credentials in detail.

Cross-Examination of Child Custody Evaluators (24:34)

• Attack credentials or methodology if weak.
• Challenge underlying facts: If the opinion is based on bad information, press the evaluator on how a change in facts would affect their opinion.
  • “Well, you gave this opinion about the other party... if what they said was incorrect or not true, would that change your opinion?” – Greg (24:41)
• Use rebuttal experts to critique methodology (now explicitly allowed by statute—see 2023 legislative change).

Strategic Use of Rebuttal and Consulting Experts

• Enlist consulting experts to help prep cross by identifying methodological or factual weaknesses, even if they won’t testify (25:55).
  • “I find that hiring one to help you attack on cross is extremely helpful. And maybe really the only chance you've got is to really crush that custody evaluator on cross.” – Holly (26:01)
• New legislation allows rebuttal experts to critique without having performed their own evaluation (28:51).

Not All Evaluations Are the End of the Case

• Bad custody evaluation ≠ all hope lost.
• Attack factual inaccuracies, faulty methods, and improper foundation (29:22).
  • “...Have the clients go through the report and write everything that's incorrect... because that can lead to some good cross...” – Greg (29:31)

Direct and Cross of Other Mental Health Professionals

• Only qualified custody evaluators can give direct opinions on conservatorship, possession, and access (30:57).
• Be vigilant on cross: therapists and facilitators may try to offer such opinions improperly (31:03).
• On direct, get factual observations and concerns without crossing the line into prohibited recommendations (33:29–34:47).

Property & Financial Experts

Direct of Financial Experts (37:01)

• Focus on business valuation/tracing/forensic accounting.
• Know which valuation method is appropriate for the type of business.
• Prepare your expert to explain:
  1. Qualifications
  2. What records and data were reviewed
  3. Which valuation method was used, and why others were not
  4. Explanation and rationale for subjective assumptions (discounts, personal/professional goodwill)

Cross of Financial Experts (42:07–43:51)

• Attack the chosen valuation method and assumptions:
  • Was the wrong method used?
  • Incorrectly calculated or omitted discounts for lack of marketability/control?
  • Misapplied personal versus corporate/professional goodwill?
• “Those are somewhat subjective numbers in a business valuation. So that's where a good line of attack is...” – Greg (42:57)

Goodwill Explained (43:56–45:28)

• Personal Goodwill: Tied to the individual (e.g., a solo practitioner). Not divisible property.
• Professional/Corporate Goodwill: Tied to the business entity and is community property.

Notable Quotes & Memorable Moments

• On using expert CVs in time-limited hearings:
  "Hopefully that document shows enough qualifications for them to meet this four part test... without having to go through each individual item..." – Greg (10:19)
• On not blindly trusting court-appointed expert lists:
  "Don't trust the list that the court put together... I had a case where the person was on the court approved list... and in the end the other side determined... they weren't qualified and they were stricken." – Holly (17:23)
• On surviving a bad custody evaluation:
  “I always have the clients go through the report and write everything that's incorrect in there... that can lead to some good cross-examination.” – Greg (29:31)
• Advice to young lawyers:
  "First, is that [never] be afraid to try new things... Get out of your comfort zone... The more you get out of your comfort zone, the more you enjoy things, the less boring it gets.” – Greg (46:06)

Timestamps for Key Segments

• Basics of Expert Testimony in Family Law – 03:31–09:50
• Building & Attacking Expert Qualifications – 05:04–09:50
• Reliability of Expert Opinion – 12:32–14:20
• Prepping & Directing Custody Evaluators – 18:34–22:29
• Cross-Examining Custody Evaluators – 24:34–29:22
• Rebuttal/Consulting Experts & New Law – 27:08–28:51
• Handling Mental Health Professionals Who Aren’t Evaluators – 30:57–36:38
• Directing & Crossing Financial Experts – 37:01–45:54
• Advice for Young Family Lawyers – 46:06–46:53

Conclusion

This episode is an essential listen for family law litigators working with expert witnesses. Greg Beane provides clear strategies, practical examples, and cautionary tales—breaking down complex evidentiary issues with clarity and candor. Whether you’re new to family law or a seasoned litigator, the discussion is packed with tools you can bring directly to your next case.

Learn more about Greg Beane: webbfamilylaw.com | Email: greg@webbfamilylaw.com (46:57)