Attorney's Guide: Asking Questions to Elicit Investigator's Opinion

How should an attorney phrase a question to elicit an investigator's expert opinion?

What type of question should an attorney ask to allow an investigator to offer an opinion?

Answer:

To allow an investigator to offer an opinion, an attorney should ask an open-ended question that seeks the investigator's professional judgment or expert analysis.

By posing an open-ended question, the attorney provides the investigator with the opportunity to express their expert opinion based on their knowledge, experience, and expertise in the relevant field. Open-ended questions do not restrict the investigator to a simple "yes" or "no" response but instead encourage them to provide a comprehensive explanation or assessment.

For example, an attorney may ask, "Based on your investigation and expertise, what is your opinion regarding the cause of the accident?" This type of question invites the investigator to provide their professional assessment, allowing them to share their expert opinion and analysis based on the facts and evidence they have gathered.

By utilizing open-ended questions, attorneys can tap into the investigator's expertise and gather valuable insights that can strengthen their case. It allows the investigator to provide a detailed explanation, clarify complex issues, and offer their professional judgment, which can be instrumental in understanding the nuances of the case and presenting a more comprehensive argument.

It is important for attorneys to frame their questions in a manner that acknowledges the investigator's qualifications and establishes a foundation for their opinion. Attorneys should also be mindful of any legal limitations or rules of evidence that govern the admissibility of expert opinions in the jurisdiction where the case is being heard.

In summary, to allow an investigator to offer an opinion, an attorney should ask an open-ended question that invites the investigator to provide their professional judgment or expert analysis. This approach allows the investigator to share their expertise, insights, and conclusions based on their investigation, enhancing the attorney's understanding of the case and potentially bolstering their legal arguments.