I watched a hearing this week where an expert witness was taken down on cross examination by an experienced lawyer asking compound questions that were loaded with facts not in evidence. The attorney offering the expert sat silently, never once objecting to a question. Eventually, the expert became discombobulated and offered testimony that unraveled large portions of his opinion. The ordeal could have been avoided with better preparation and properly timed objections at trial. There is no excuse for poor lawyering and there is no justification for leaving your witness hanging while being cross examined unfairly at trial. Inexperienced attorneys have options before walking into a courtroom, including observing other practitioners try cases, participating in mock trials, and receiving mentoring. This case was likely won and lost by lawyering.
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