Expert Advice When You Need It Most
Posted over 2 years ago. 1 helpful vote, 0 comments
1
SilenceWhen there is a silence - and this is very important - do not try to fill the silence. Answer the question. Then be quiet. Do not be embarrassed by the silence. Do not try to expand on your answer. Sit there for 40 minutes of silence if that is what it takes. Wait for the next question. 2
Process of arrivingDo not explain your thought processes as to how you reached the answer to a question. If your answer depends on your recollection of other facts not called for by the question, do not refer to those other facts in explaining how you answer the question. For example, if you are asked when a conversation with Jones occurred, and you recall that it had to be in December because you met Smith after Jones and that was in January, do not explain this thought process to the examiner. This is an example of volunteering information, which we generally discourage. 3
Opposing counsel's use of documentsSometimes an examining lawyer will ask you questions from a document but not let you see the document. It is dangerous to contradict what is stated in a document, unless the document is for some reason false. If you need the document to help you testify, ask for it. If the lawyer won't give it to you, make it clear that you feel you can't answer the question without having the document to refer to. If the lawyer still won't show it to you, tell the lawyer it's not fair for you to have to answer a question under oath without the document in front of you but that if he or she insists, you will do your best without it. Following this format insures that you will not later be impeached by contradictory statements in the document itself. Related Questions3 Attorney answers: 
Asked by a user in Illinois - over 2 years ago. 1 Attorney answers: 
Asked by a user in Moreno Valley, CA - over 1 year ago. 1 Attorney answers: 
Asked by a user in Cape Coral, FL - about 1 year ago. Ask a LawyerGet answers from top-rated lawyers.
14,642 answers this week 1,620 professionals answering Find Construction LawyersRelated Searches |