Legal Humor

I generally don't post portions of the flotsam and jetsam I receive in email, but I thought this was sufficiently humorous I would make an exception. It's about how to pronounce "Daubert", as in the famous case on Evidence Rule 702. For non-attorney readers, all I can say is that you sort of have to have a working knowledge of Daubert to get the full humor.

The Daubert Worldview

Prolegomenon: A Pronunciation Gazetteer
Q: Before we get to what it all means, how is "Daubert" pronounced?
A: "Dow-burt."

Q: How do you know?
A: From published, peer-reviewed literature authored by a duly licensed attorney who developed his views in the regular course of his professional duties. See Michael H. Gottesman, Admissibility of Expert Testimony After Daubert: The "Prestige" Factor, 43 Emory L.J. 867, 867 (1994).

Q: What makes Gottesman an expert on this subject?
A: He represented Jason Daubert before the Supreme Court and listened to his client pronounce the name.

Q: So Gottesman's opinion on the correct pronunciation was developed for litigation purposes?
A: Yes.

Q: Is "dow-burt" the generally accepted pronunciation? A: Not universally so. Many lawyers and judges say "dough-bear."

Q: Well, what about the methods Gottesman used to arrive at his conclusion? Is listening to the client a prevalent methodology in the legal field?
A: To a point.

Q: So did Gottesman take any courses on listening to the client during law school?
A: Almost certainly not.

Q: Has the technique of listening to the client been tested?
A: Informally.

Q: Does it have a known error rate?
A: The error rate is thought to be fairly high.

Q: Has Gottesman been consistent, at least, in the position he has taken on the proper pronunciation?
A: No. When he was arguing the case before the Supreme Court, he pronounced the name "dough-bear."

Q: Why?
A: The Justices seemed to prefer that pronunciation.