Questioning a professional can be challenging. As a lawyer, you often cannot match the professional’s knowledge within his or her area of expertise. This paper addresses the challenges of questioning an expert witness, and provides strategies for dealing with professionals in questioning. It also touches upon some of the legal issues that may be encountered. Tips for preparing for questioning are provided, and situations frequently encountered when questioning professionals are discussed, including demeanor, hypotheticals, expert opinions, and rules of the road. Practical examples from questionings and excerpts from case law are also provided throughout.
This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.