A Useful Question to Ask at Expert Depositions
Some lawyers routinely ask this question at expert depositions--
Q. "What is your understanding of your role in this litigation?"
The question touches on a number of topics you will cover later in the deposition: the manner in which the expert came to be hired, what the expert was asked to do, the expert's working methods, and the expert's opinions.
Because the question can be answered in so many different ways, it functions as a sort of Rorschach test that will give you insight into an expert's manner of answering questions. Ask the question to ten different experts and you'll get ten different answers.
Usually you'll learn something useful. If experts are improperly prepared, they might ramble on about their relationship with the lawyer who hired them; you might learn something your opposing lawyer didn't intend the expert to reveal. If experts are inexperienced, the question might make them uncomfortable; you'll learn how the expert handles stress.
Because the question can be answered in so many different ways, it functions as a sort of Rorschach test that will give you insight into an expert's manner of answering questions. Ask the question to ten different experts and you'll get ten different answers.
Usually you'll learn something useful. If experts are improperly prepared, they might ramble on about their relationship with the lawyer who hired them; you might learn something your opposing lawyer didn't intend the expert to reveal. If experts are inexperienced, the question might make them uncomfortable; you'll learn how the expert handles stress.
Even if the expert answers the question without slipping up, you'll get some insight into how the expert thinks his opinions will be contributing to the case. Listen carefully to how the witness answers and then follow up appropriately. You'll also have plenty of opportunities later in the deposition to follow up on the myriad of sub-topics the question raises.
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