Matter of fact, after I was dismissed, I ran across him in the men's room of all places, where he congratulated me on my first time in court and told me how much better I'd be the next time around. You bet I would be!

He baited the hook and I bit. Never again. Please keep this perspective. Your office is the place for spinal care classes, the garden hose and any other philosophy you choose. Not the courtroom.

If The Glove Fits

So what's different now? First, I will not testify unless I have had the opportunity to speak with the plaintiff's attorney prior to Court. Why is this important? A good attorney will have your narrative report. They will review that with you prior to your testimony and create a template from which to ask you questions in an organized fashion, covering the entire case from history to prognosis. In that fashion, you will know what's coming. And your attorney will know the answers. There's an old saw in the legal profession: Never ask a question unless you already know the answer.

An attorney that will not discuss your testimony prior to court is one that will look at you on the stand and say, "Dr. tell us about this accident." You cannot be an effective witness when you ramble. You must have concise answers to specific questions and they must be asked logically and in a chronologic order. A good attorney will know how to handle this.

Look the Part, Watch Your Tongue

Courtroom appearance is important. Some of us just have this burning desire to wear scrubs. That's ok. In the office! Not the courtroom. And please, don't be dressed like a dentist I saw testify a couple months ago. He had on slacks and a monogrammed golf shirt. Bad karma for the jury. They could tell he was totally disinterested in the matter at hand. A suit will do. Not one with thick stripes. Not a purple one. A conservative suit. You will be judged from the moment you are called to the stand to the moment you are dismissed. Look the part doctors. You're an expert!

Perhaps the most salient point I can bring out is how you testify. You need to testify like the best orthopedist around. Yes, I said it. You have the knowledge. Leave certain words out of your testimony. Like "adjustment." Leave it out of the courtroom. I know: I said leave the word adjustment out of the courtroom. Mobilization is "neater and cleaner." The defense would love nothing more than have you say adjustment or spinal manipulation or Chiropractic manipulation.

The word mobilization is used by Orthopedic Surgeons and Physical Therapists throughout the country with respect to treating certain types of musculoskeletal conditions. Defense attorneys salivate at the thought of cornering Chiropractors in cross examination with our adjustment mentality. It gives them a clear opportunity to move into the arena of forceful, harsh, "cracking" of the spine, something they can't do with mobilization.

The defense attorney will try anything to win, including blaming your vicious, heavy-handed adjustments if need be. "Mobilization" takes this possibility away from the defense. As well, when answering questions on both direct and cross examination, the shorter the answer, the safer you are. We've all given a long drawn out explanation in court and all you have to do is watch the defense attorney scribbling on his/her legal pad, as you give them more ammunition for cross-examination. Explain when the plaintiffs attorney asks. Don't ramble during cross.

Know the definition of sprain/strain like it was part of your daily mantra. Be able to demonstrate to the Court what happens in a sprain/strain injury. And stay away from the word whiplash! Everyone knows stories about people faking "whiplash." It's a loaded word with a lot of negative. Instead, talk about spinal contours and how they are affected by injury. You have the knowledge, the training and the skill to testify like the expert you are. But above all, tell the truth. If you don't know, you don't know.

Remember this little example. Someone asks you, "do you have the time?" You answer, "yes, it's 2 o'clock." Wrong answer. You're answer should have been yes, I have the time. The next question would have been, "what time is it."

Answer only what you're asked in the courtroom.

Testimony in the courtroom is a topic with many parts. But first and foremost remember: the courtroom is the home field for attorneys. It's not your home field. However, you can, with few words and properly placed answers make the defense feel like they've lost home field advantage. Don't be rattled.

As you consistently testify in local courts, your reputation will precede your appearance and you will find that cross examination isn't the horror it once was. There are many ways to prepare. Hopefully in the future we can discuss great answers to typical cross examination questions.

---

Dr. Gary Rubenstein has been in full-time practice since graduating with honors from Palmer College in Davenport in 1983. He also teaches neurology at a local junior college. He is currently working on a book dealing with the pitfalls and promises of buying and selling a chiropractic practice.