One of the most challenging parts of working with a highly qualified expert witness in the legal field is that the other side is likely to try to “trap” him or her using the famous “yes or no” questions. On cross examination or a deposition, an expert witness is likely to be asked these types of questions because the other side believes that such a short answer either supports their case or undermines yours.
There are many ways to avoid such a predicament, so long as your legal expert witness is familiar with the options. An individual with experience can likely identify such an experience and respond in a way that addresses the question but also the ambiguity of the situation. One such example might be a response stating “I understand that this is a yes or no question, but answering it could be misleading to the court as it’s an incomplete answer.” Another option would be for the expert witness to answer truthfully with a “yes” or “no” followed by “under specific conditions”.
The bottom line is that it is important to work with a legal expert witness who will not be thrown off by the tactics used by the other side. Instead, a true professional will remain calm and present his or her points clearly, leading to the support of your case. Expert witness selection is a vital stage of your case and one that should be approached with caution.
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