Rule 7: Playing the Guessing Game is a Losing Strategy

In the latest episode of his "Powerful Witness Preparation" podcast series, "Playing the Guessing Game is a Losing Strategy," Holland & Knight litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. In this episode, he talks about guessing, a normal human instinct that can leave witnesses in a very deep hole. Mr. Small covers three kinds of guessing — factual details, inferences and hypotheticals — and explains why each one is problematic in the witness environment.