Prolegomenon

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 an article authored by a duly licensed attorney who developed his opinion 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 how the Daubert family pronounced 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: Isn't it true, in fact, that Jason Daubert himself says the correct pronunciation is "daw-burt"?

A: Yes, but that's a single anecdotal report from somebody who doesn't even have a law degree. Gottesman's views are reflected in the published literature and have survived the crucible of peer review.

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.

Next: Chapter 1 -- Some Basics

Prolegomenon