Rule 9: Don't be Intimidated by Documents

In the latest episode of his "Powerful Witness Preparation" podcast series, "Don't be Intimidated by Documents," litigation attorney Dan Small continues his in-depth, 10-part series on the rules for witness preparation. In this episode, Mr. Small shares how challenging it can be for a witness to answer questions about documents. Often, witnesses feel anxious when the questioning turns to documents, imbuing them with a sense of magic as though anything written must be true. Mr. Small shows how to correct this misunderstanding, emphasizing that witnesses need to consider the credibility of the document, the language used by the questioner in reference to the document and the context of the document. He also outlines three steps to take when questioned about documents — ask to see the document, read the document and ask for the question again — as well as briefly addresses how to approach questions about prior statements.