Rule 6: If You Don't Remember, Say So

In the latest episode of his "Powerful Witness Preparation" podcast series, "If You Don't Remember, Say So," Holland & Knight litigation attorney Dan Small continues his in-depth, 10-part series on the rules for witness preparation. He explains that one of the most obvious rules for witnesses is also one of the most difficult — witnesses can only testify to what they clearly remember. Although it sounds simple, this rule contrasts the patterns of a normal conversation, where people rarely say, "I don't recall," and stop talking. Nevertheless, memory is a key component of being a witness, and Mr. Small outlines several points to keep in mind. He explains why a witness' memory may differ from a questioner's expectations and emphasizes the importance of distinguishing among "No," "I don't know" and "I don't recall." Above all, he says, witnesses should focus on what they do remember and not worry about what they don't.