Cross Examination is Like Playing Ms. Pac-Man & I Like it!

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I know that a good attorney who excels at cross examining an expert witness is thoroughly knowledgeable of their case. Volumes of data and detailed information needs to be absorbed and analyzed before going to court! 

You my attorney reader, use intuition and instinct to discover weak points in the witness’ presentation, and in a fair and calm manner, formulate and ask clear questions to elicit precise information.

This requires patience and self-control, especially when you’re working on the spot! Job well done!

I’ve been a vocational expert witness during workers’ compensation court proceedings about 12 times over the last 16 years. I have served in courtrooms with a workers’ compensation deputy commissioner presiding with up to eight people present. 

In the past I provided vocational and testimony services to the local Office of Disability Adjudication and Review, US Social Security Administration and the Nebraska Workers’ Compensation Court system. 

I’ve also testified in divorce court proceedings, personal injury, and medical malpractice cases.

These cases are multi-layered and can be complex! You know what I mean!

For a copy of my most recent litigation history, please inquire and I’ll be happy to provide it to you.

From my side of the stand, I better be familiar with rough courtroom conditions!

I’ve experienced verbal assaults on my work, my credentials, my vocation, and even my personality  What, I’m too nice, huh? hahaha!! by the opposing attorney.

I learned a lot from prior mistakes but I learn even more from recent successes along with a few bumps and bruises here and there.

I remember my first court appearance many moons ago. I was the primary job placement specialist on a case when the opposing attorney stabbed my body language erroneously.  Because there was nothing to see because human bodies speak for themselves, he undermined his credibility not mine. And I remember that well.

No clue what the old fart was trying to do, but the judge didn’t care for it either!

I remember another court case (this was in Council Bluffs) that involved typical cross examination, starting out with repeating basic questions to get different responses from me…then the pressure was applied!

I used first-hand knowledge and communication skills to respond to his questions, remaining true to my convictions while expressing strong belief in my work.

Hopefully I revealed to everyone in the room that being confident, calm and polite is a respectful way to answer difficult questions – even personal attacks.

The judge on this case was newly appointed at that time. I don’t know the decision nor have I reviewed the transcripts on that case.

I suppose decisions and transcripts could help me to some degree, but I don’t have direct access to them plus to me it’s likely they are not pertinent to any future case other than learning from miscue or miscommunication errors.

My goal as an expert witness is to win over people in the courtroom.

To prepare for cross, I think of all the factors that may arise on a case and pay close to attention to what I want to say about 5 to 7 main issues or circumstances most likely at the meat of the matter, commonly being extent of loss of earnings.

I realize the cross examiner will try very hard to prove his or her theory of the case, while devaluing mine. The opposing attorney wants to discredit me, and will eat away at any potential weakness in what I said or reported.

I’m  pretty good at Ms. Pac-Man! Wanna play?

I rely on my expertise, research on disability and rehabilitation, objective evidence, direct placement experiences, the principles of ergonomics along with the provision of reasonable accommodation to help determine an individual’s work potential.

I understand how worker profile changes may impact access to the labor market and wage earning capacity. I can respond creatively by highlighting the constructive and favorable strengths of how my work brings successful results and focus on the positive nature of change, motivation, and choice.

I do my best to educate everyone in the courtroom about the scope of my practice and how it works when the individual agrees with my approach. Most importantly, I match people within their own world of work which takes time, attention and a great appreciation for the jobs people do everyday.

Need help with your litigated case involving work and disability? Let me know what you see as the most important aspects of the case and I’ll let you know if I believe I’m the right person to help you help your client.  

I’ll view my  interests, do a conflict of interest check and consider whether or not the case is in my area of expertise. And keep in mind I work on both sides of the fence! 

Thank you for reading my blog post! 

Need an expert?  Contact me, Amy E. Botkin at 515-778-0634 or  vocresources@gmail.com or   amyebotkin@lcpresourcesplus.com

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My professional consulting practice focuses on helping attorneys help their clients with civil litigation matters