Abstract
I. Introduction It is standard practice in the art of trial advocacy to inquire whether an expert has previously been qualified and/or excluded (disqualified) from testifying in a court of law. Such a practice is routine and common in most, if not all, jurisdictions and venues. It is overwhelmingly accepted by practitioners 1 and judges 2 alike. Law school clinical programs systematically instill this practice. 3 Professional and continuing legal education seminars remind the licensed professionals to adhere to it. 4 This foundational inquiry has become such a basic tenet of the art of trial advocacy that it is rarely met with objection. And yet, the information elicited from such inquiry provides little practical insight into the qualifications of the tendered expert. Moreover, the information elicited is incompatible with fundamental legal rules, i.e., the rules forbidding hearsay, opinion, unduly prejudicial evidence, and the rule barring support of one's witness. 5 Finally, and most importantly, such information may tip the scales of justice in a close case and, arguably, may result in reversible error. Is this practice pursued out of habit originating from the practitioner's first trial advocacy course taken in law school? Is it pursued because most professional skills courses reiterate the utilization of this foundational inquiry? Is it pursued because judges simply allow it? Or more importantly, is this line of inquiry pursued because it is tactically designed to prejudicially influence the trier of fact's perception of the credibility and reliability of the opinion being ...