Expert Witness When a chiropractor is called to court PART 2 – WHEN YOU GET TO COURT T he fi rst step, in your appearance as an expert witness, whether for plaintiff or respondent, is the pre-trial interview. This is where the lawyer who hired you reviews with you your report, the case, and the questions you will be asked. He/ she will want to know: the extent of your expertise, and the degree of confidence you have in your opinions and conclusions, whether those opinions are fi rmly held, and if you made any legally unsupportable suppositions. You cannot change your mind under cross examination. You need to become familiar with the opposition’s case, and the key facts they will present, understand the issues that could arise, and where the strong and weak points in your case, and that of the opposition, lie. Guide your lawyer though the minefi elds that could be encountered so all questions that could be asked by either counsel can be answered factually, calmly, and logically. Coach your lawyer as to what questions to ask. INITIAL CHALLENGES When you get into court, subject to you being challenged by opposing counsel, your lawyer will fi rst qualify you as an expert witness. For this purpose, he/she will conduct a detailed interrogation during which you will be questioned at length about your edu- cation, training, specifi c experience, and any similar involvements in your background that will exemplify any notable expertise you may have relative to the matter at hand. Opposing counsel will attempt to minimize your strong points and focus on your short- comings. The intent is to cast doubt in the mind of the judge as to your expertise and credibility. A given is that, as a doctor of chiropractic, you are suffi ciently mature to with- stand the scrutiny of experts within your fi eld. When opposing counsel introduces his/ her expert, the shoe is on the other foot, and that expert is subject to the same challenge as were you. In some cases only one expert is called, he/she acting for both parties. Lloyd R. Manning is a semi-retired business appraiser and financial analyst who is now a freelance business article writer. He resides in Lloydminster, Sask He can be reached at [email protected]. HOW WELL DO YOU KNOW THE CASE? After being accepted, as an expert witness you’ll be questioned at length regarding your knowledge of the facts of the case, asked for your opinions, and the basis for those opin- ions. Clarifying what you know and don’t know, and that the theory and techniques you expound are generally accepted within the chiropractic community, is crucial to the litigation game. The purpose is to ensure that all expert testimony is reliable and can be substantiated. On cross-examination, your depth of research and your opinions will be challenged – is this guy much more knowledgeable and credible – and you will be attacked on the basis for those opinions. Attacks by opposing counsel could be vicious, yet are never personal. It’s an adversarial system. Prosecuting, defending, and judging are just part of the job. If you have done your homework, are competent, capable, and have rendered a supportable prognosis, there is nothing to attack you with. For lawyers, it always comes down to putting on the best show and convincing the judge that he/she should believe his/her expert rather than the other guy’s. REMUNERATION FOR THE EXPERT WITNESS The unwritten rule is that the prime responsibility of a chiropractic expert witness is to the court, rather than to the party who instructs him/her. But, this is not to suggest that 28 • CANADIAN CHIROPRACTOR | MAY 2008 www.canadianchiropractor.ca Lloyd R. Manning, AACI, FRI feature
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