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How to Effectively Cross Examine an Expert Without Discussing His/Her Opinion.

Posted By Cliff Tuttle | October 4, 2016

No. 1,287

the-artHere’s avery good  post in the California Education of the Bar Blog that is worth a read by trial lawyers demonstrating the indirect questioning of an expert witness. You never challenge the conclusion, but bring up undeniable truths.

The Art of Cross Examination, by Francis L. Wellman, an old classic, told about a famous cross examination where the witness and the opposing counsel were good friends. Here is my recollection of the story without bothering to look it up.

The cross-examining lawyer looked out the window in order to not betray his intentions in advance.

Q:  Dr. Jones, was Mr. Smith a patient of yours?

A: Yes.

Q:  How is he?

A: He’s dead.

Q:  Oh, I am so sorry.  And Mr. Adams was he your patient too?

A:  Yes.

Q:  And how is he doing?

A:  He’s fead too.

You get the picture.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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