Jean and Joe sat in the courthouse library, during the morning break. Dr. Stanton had just finished testifying for the Defence. Jean was extremely upset. "Joe, this guy saw me once for 45 minutes. He examined me for less than 10 minutes. How can he sit there and tell the jury there is nothing wrong with me?"

"He was hired by the Defence," Joe replied. "If Dr. Stanton did not say you were okay they would not have put his evidence before the jury. He has said what he thinks. But he still has to defend his opinion in cross examination."

Back in the courtroom Joe stood and looked at the witness. "Dr. Stanton you are not Jean's treating physician are you?" "No," replied the doctor. "I was retained by Mr. Rourke at the insurance company to provide an independent opinion on Mrs. Smith's medical condition and prognosis."

Joe continued. "Would you agree that the role of an expert is to be fair and impartial and not be an advocate for either side?" "I would agree with that," replied the doctor. "And would you agree that, to the extent that an expert opinion shows a failure to be fair and objective, then the opinion should be discounted?" "That seems appropriate," replied the doctor.

"And would you agree that the more pertinent information a doctor has the more likely it is that his opinion will be accurate?" Joe asked. "Yes, that seems obvious," replied the doctor. Joe continued. "Do you agree that a medical opinion based on a single examination is more likely to be wrong than one based on repeated examinations by doctors who have treated the patient over time?" "I agree with that."

And I expect you are aware that your opinion is completely different than the opinions of all of the other professionals who have testified in this trial?" Joe asked. "I am aware of that," Dr. Stanton replied. And you are aware that the other opinions are prepared by doctors who have treated Jean for years and seen her repeatedly?"

Later that evening Jean and her friend Leslie discussed the evidence. "When I think about it I don't know why I was so freaked out by this guy," Jean said. By the time Joe had finished the cross examination it was clear that his opinion was just bought and paid for. Joe told me that an expert will rarely back off from his opinion. He said that the lawyer must demonstrate for the jury that the opinion is unreliable. And Joe sure did that today."

"It sure sounds like you chose the right lawyer," Leslie replied.

Effective legal representation is no accident. A lawsuit is a battle. It does not end when the plaintiff's case has concluded. The lawyer must continue to fight for his client until the case is over. We do that at Horne Marr Zak. We care about your future.