Powerful Witness Preparation

Rule 5b: Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question


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In the latest episode of his "Powerful Witness Preparation" podcast series, "Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question," litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. Picking up from his last episode, "Don't Ask a Question You Don't Understand," he talks about what he terms the "wiggles and squirms" of the witness environment. Much as a child wiggles and squirms when a parent imposes rules and discipline, a questioner will wiggle and squirm when a witness imposes rules and discipline by demanding clear and fair questions. Mr. Small discusses three common "wiggles and squirms" used by questioners and explains how to counteract them.

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