The Perception Gap

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 11-13

Dening the Perception Gap

The Witness: “The lawyer wants me to toe the company line.”

The Lawyer: “I want to help the witness tell the truth.”

Understanding the Perception Gap

There is, for a surprising and disturbing percentage of witnesses, an extraor-

dinary perception gap between what the lawyer assumes he or she is asking

from the witness and what the witness assumes the lawyer is seeking. One

small example is telling. As part of my work with witnesses, I frequently

get called in by clients around the country to prepare executives or others

for depositions or other witness situations—often working with existing

trial, corporate, or personal counsel. One time, several years ago, I walked

into the conference room where counsel and the witness were waiting, and

started to introduce myself to the witness.

She interrupted me and said, “I know who you are. You’re the guy who’s

come to tell me what to say!” I responded, “If that’s your understanding, then

that guy is going to walk out the door, and I’ll come back in as a different

guy: one who wants only the truth.” I walked out, waited ve minutes, then

returned, introducing myself as “the guy who’s come to help you tell the truth.”

Where does this perception gap come from? Most lawyers think of them-

selves as ethical professionals, there to give advice and help guide witnesses

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Chapter 4

The Perception Gap

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