Rule 5: Don't Answer a Question You Don't Understand!

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 95-105

In the futuristic movie I Robot, a detective played by Will Smith speaks to

a computer-generated hologram of a dead scientist. When the detective’s

questions veer off from being clear and simple, the hologram intones, “I’m

sorry, my responses are limited; you must ask the right questions!” Real

witnesses, even more than holograms, have both a right and a responsibil-

ity to insist on clear and fair questions.

In a casual conversation, it’s common for one person not to understand

fully or with certainty what another is asking, but it’s also unimportant.

The conversation ows along in a new direction, and if the person who

asked the question cares, he or she can bring it back by asking the question

again, or in some other form. You would never be so blunt as to simply say,

“Please rephrase the question,” and stop. Precision is not the point, and if it

gets in the way of the conversation’s ow, it loses every time.

By contrast, in the unnatural environment of being a witness, precision is

crucial. When everything that’s said is being taken down and picked apart, the

question becomes part of the answer. When you answer a question, it will be

assumed that you understood the question and that you agree with anything in

the question that you do not clearly dispute. If you later get a chance to review

a transcript, you will be amazed at how many questions were really unclear

or misunderstood. However, by the time you read the transcript, it’s too late.

The key here again is taking control. You are the witness; this is your

statement. You have a right to clear, simple questions and to answer only

95

Chapter 18

Rule 5: Don’t Answer a Question

You Don’t Understand!

Small_PrepWitness_20140403_13-27 Second Pass.indd 95 8/12/14 10:20 AM