subject: An Expert's Guide to Simple Answers during Expert Witness Testimony [print this page] An Expert's Guide to Simple Answers during Expert Witness Testimony
The easiest answer, but the one that requires the most care, is a simple and truthful response to the precise question asked. During this lesson, I will assume the part of the student to help you learn how to exercise that care, and to provide answers that will help the court and not hurt you or your side in the matter.
In no particular order:
* Answer questions that begin with, "do you know" or "are you familiar with?" with a simple "Yes" or "No." Answer yes only if you really do know.
* Do not guess about what else the lawyer may want or where that opening query might lead. Wait for the follow-up question that will hopefully clarify that.
* If you really do not know, or you are not sure, then say "I don't know." Nothing else. Do not suggest any explanation of why you do not know.
* If you think the statement is true but you are not sure how or why you seem to know, you are probably still best served by answering. "I don't know." gnerally, if you assert that you know a fact in your field of expertise, the questioning attorney will then ask you "how exactly do you know that, Mr. Expert?"
* The simplest of factual questions only require the simplest of factual answers. For example, "how tall was the building?" requires only a numerical response, such as "175 feet." Do not offer any extra information about the building, such as: " and it was made out of brick, had double pane windows, and was only six years old." You are asking for trouble by offering unrequested additional data.
* If you offer unrequested extra data, you will almost always obtain follow-up questions. You may be asked about materials such as brick, or single versus double pane windows, or aging of the building. The lawyer is entitled to ask you additional questions about every word you incorporated into your response until he is sure that nothing valuable or on point remains to be acquired. More often than not, your expanded answers will lead to useful information for the other side. The net effect is that you will have done your side a disservice.
* You will not recall some facts that you once knew. Just say so: "I don't remember." If subsequently asked why you do not remember, you can say that the answer lies within your notes, or your report, or an exhibit you read. You could then ask to see the piece of evidence that you know contains the answer.
* Although speculation is allowed during a deposition, and you may be invited to do so by an opposing attorney, you should never speculate in answer to any question. If an opposing attorney quotes your speculation during a subsequent trial, he can make you sound less sure of your investigations or facts. Speculations offer the cross examining attorney an opportunity to suggest that the jury should Think About your speculations as legitimate alternatives. Do not allow yourself to be manipulated.
* Finally, if you do not understand a question for any reason - you misunderstood it, or it has many clauses - do not try to answer. Your best answer is simply "I don't understand your question." Leave it to the questioning attorney to decide whether to rephrase or move on to another question.
