The Gaps

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 9-10

Why is being a witness so difcult and so different from any other expe-

rience? The witness is the same person who explained the same facts—or

other equally complex or difcult issues—to family, friends, and colleagues

just yesterday. It sounded ne then. Why is this so different?

Three simple circumstances create surprising and enormous gaps between

a witness’s real world experiences and expectations, and those in this very

strange and unnatural world of being a witness. The circumstances are eas-

ily stated, but their impact is profound. All three swirl around in dizzying

fashion and ultimately collide to create a world that is foreign and unnerv-

ing even for the most intelligent and articulate witness—perhaps especially

for the most intelligent and articulate witness.

The three simple circumstances are as follows:

• A court reporter is taking down every word as it is spoken;

• A lawyer is prepared with questions and follow-up techniques; and

•

An ofcer is administering an oath, chiseling in stone words spoken in

haste, so that they may be picked apart at leisure.

Each of these extraordinary circumstances is far beyond an ordinary person’s

experience. Put together, they form the basis for a series of critical gaps:

1. The Perception Gap

2. The Audience Gap

3. The Conversation Gap

9

Chapter 3

The Gaps

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