Helping your economic expert help themselves - Part II
Helping economists answer hypothetical questions.
From the economist's standpoint, hypothetical questions can be some of the toughest types of questions to answer. Here is a some pointers offered by David Tunno, a trial consultant, and Expert Witness Communications on how to handle hypothetical questions from the opposing attorney.
1. Force counsel to be specific.
If the hypothetical question is ultimately irrelevant to the case facts, that contrast will be made more easily with specificity of the hypothetical. Generalities lead to inaccuracies.
2. Remind the jury that you are answering a hypothetical.
Opposing counsel will want the jury to forget this fact and confuse this testimony with the case itself. Incorporate the reminders in your answers, for example, "In the case of your *hypothetical* situation - my answer is 'Yes'."
From the economist's standpoint, hypothetical questions can be some of the toughest types of questions to answer. Here is a some pointers offered by David Tunno, a trial consultant, and Expert Witness Communications on how to handle hypothetical questions from the opposing attorney.
1. Force counsel to be specific.
If the hypothetical question is ultimately irrelevant to the case facts, that contrast will be made more easily with specificity of the hypothetical. Generalities lead to inaccuracies.
2. Remind the jury that you are answering a hypothetical.
Opposing counsel will want the jury to forget this fact and confuse this testimony with the case itself. Incorporate the reminders in your answers, for example, "In the case of your *hypothetical* situation - my answer is 'Yes'."
posted by The Experts @ 9:01 AM
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