Cross Examination Skills: Attacking the Liar's Best Lies, September 15, 2020

Whether at trial or in deposition, the “yes-no” question quite frequently constitutes a Scylla & Charybdis problem for the adverse witness: the “yes” constituting a damaging-to-witness admission, and the “no” creating a risk of the witness being impeached…maybe a BIG risk of a BIG impeachment.  Thus, a willing-to-lie witness (and there are so many!!), perhaps coached by an unethical attorney (and there are so many!!), tries to avoid Scylla & Charybdis by claiming “I don’t remember S.”  As all experience litigators well know, and newbie litigators soon discover, this claim can be damn tough to successfully attack…damn tough to prove is a LIE. Learn the very best lines of attack against memory claims.