Professionals like doctors, accountants and attorneys are frequently intelligent, well-educated and articulate. But they often flop as witnesses because their lawyers fail to suitably prepare them. The process of being a witness is difficult for anyone, but especially for professionals. Professionals suffer from the “curse of the intelligent witness.”
The daily work of many professionals bears no resemblance to trial practice. Trials are about retrospective blame whereas professionals engage in prospective problem solving. They work together in an atmosphere of mutual respect and attempt to find the best course for the patient or client, and implement a plan often grounded in agreement. Many professionals are not familiar with an environment where they don’t have that respect and where conscientious conclusions are not paramount.
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