6.4 Example Trial Questions 43 As part of trial preparation, the expert can also provide questions for the attor- ney to use in preparing for the examination of the opposing expert based on the opposing expert's report and the findings of the engaged expert. Of course, it is up to the attorney to decide which, if any, of the questions he or she wants to use, as he or she is the one who is deciding case strategy, not the expert. One critical aspect of the expert's role in this phase is to provide the attorney with questions that will assist in bringing out the facts in a way that clarifies the issues at hand for the jury. While this may seem obvious, providing questions without the expected and/ or correct answers would be like only giving someone half a hammer to drive a nail. The question set must be prepared so that the attorney will know in advance how the opposing expert may or should respond. It is part of an expert's role to anticipate the testimony of the opposing expert and prepare for rebuttal testimony. However, no one is ever able to predict what may happen once testimony begins, so the ability to adjust is critical as examining an expert about digital evidence can take unexpected turns. The best situation is to have your expert at the table during direct and cross so he or she can listen to the testimony and provide new questions