How an Expert Witness Can Defuse a Compound Question during Testimony

Published: 09th November 2010
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During questioning, attorneys will sometimes ramble on with long questions that contain multiple clauses. Parts of these questions may be assumptions, other parts may be questions, and still others may be comments by the attorney. The result is a vague invitation by the lawyer for you to respond with a similarly rambling and possibly revealing answer of your own. Here is an example, with an experienced response:
Q: Mr. Expert, considering the details of this case and the research you have done, what is it that you are really saying and how do you describe your opinions?
A: That was not clear; there seem to be multiple questions there.
Observations: That was good. You conveyed to the attorney that you understood his attempt to present a vague and compound question to you. You were polite, and the ball is back in his court.
Continuing with the probable follow-up:
Q: Which part of my question was not clear?
A: I would appreciate it if you could break your question down into individual questions. I will be glad to answer each one as well as I can.

Observations: that was a wonderful comeback. If you answer a compound question, the attorney can use your answer to apply to any portion of the question. You buy into the vagueness as well as possibly any assumptions that the lawyer phrased as part of the complex question. The attorney can make it sound like you have answered all parts of his compound question with your single answer.
Some compound questions are subtle and may sound like a single question. Ask attorneys to restate compound or vague questions in simpler form for you to answer.
For example, "have you stopped embezzling from your employer?" Even though it sounds like a single question, this question has two parts; namely, whether you were embezzling previously, and whether you are still embezzling. Again, listen carefully. Ask for a restatement of the question if you are confused or suspect wordplay. If you can identify a question as compound, simply say so and ask for a clarification.

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Source: http://juddrobbins.articlealley.com/how-an-expert-witness-can-defuse-a-compound-question-during-testimony-1829521.html


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