I was at a seminar the other day and an attorney shared that a mentor of his told him as a new attorney. “Don’t doubt the incompetence of opposing counsel.”
He went on to say he was floored that during a trial the opposing counsel was so poorly versed in how to proceed that she set up the perfect argument for him to discredit her expert witness. I am sure you have all seen a version of that whether as an expert yourself or interviewing/deposing an expert.
This quote resounded for me with so many things!
Most recently as a consultant, I have learned not to assume that the opposing side has been informed that I will be attending the independent medical exam. And don’t assume they will handle it well. I can share stories of screaming clinicians and office staff members and slamming doors because I was asked to join the client. It never ceases to amaze me. It only shows their bad behavior, especially when it is on audio recording! The lack of professionalism and respect for all the parties in the room is astounding.
Another instance is when I contact a clinician to review a problem. I patiently listened to the person explain a long-winded answer to a question that was only partially asked before the response was started. Then when the monologue is completed, I share the remaining details, and low and behold the answer changes. I know you have all been on the receiving end of that once or twice.
Patience and listening are so important. And often will give you the upper hand.