Understanding the Psychology of an Attorney Questioning an Expert Witness

Understanding the Psychology of an Attorney Questioning an Expert Witness

You do not need to be afraid of being an expert witness, but you do need to be wary. Even an inexperienced attorney or one who is not particularly sharp has the home-court advantage and knows the regulations of the legal game. You will not always know everything that goes on in that legal setting. Attorneys employ a variety of psychological ploys and legal tactics in both deposition and trial settings. You will probably encounter many of these techniques in one setting or the other, or both. You will hear many questions in both settings and you must apply your intelligence in the same way whether at a deposition or a trial. You do not have to be frightened when facing an attorney but you do have to keep your thinking cap on. Most of the time, your problems will not lie with your mastery of your specialty. You are the expert. The problem, if one arises, is potentially the way in which you answer the lawyer's questions. Lawyers may not know as much as you do about your subject matter, but they know how to phrase questions that can elicit a poorly worded or poorly thought out answer. You must take care in a legal setting in the same way that you have now taken care to master your area's subject matter. If a lawyer asks you something that starts with -isn't it true that...," that lawyer is trying to lead you. If a lawyer starts a question with -you've said that -- and follows it immediately with another question, think carefully about his opening gambit. Though he might only have rephrased something you said previously, he rephrased for his own benefit. You may have to proper his rephrasing before responding to his new question. You should carefully analyze the question and decide what you need or want to say in response, and even then answer carefully. Maintain your wariness. When attorneys ask you questions, remember that they do not know as much as you do about your specialty's subject matter. They are often either fishing or bluffing. If the attorney says something incorrect in his question, briefly explain why it is wrong, demonstrating once again that you know your material. If the attorney asks a correctly phrased question, answer it as clearly and as succinctly as possible. You should rarely elaborate unless and until the attorney asks specifically for you to do so.