You Never Need To Argue!

Today I'm going to share with you an experience I encountered whilst being cross-examined, some years ago. I'm going to share it with you, because I think a lot of people who do not give evidence very regularly, or perhaps do, but still make, what I consider to be a mistake in the witness box.

The barrister cross-examining me began by asking me, in a pleasant manner, about an assessment report I had completed within a very short period of time.

"You completed what was quite a big piece of work, within a very short time period. Is that correct?"

Although I had more than an inkling, about where he was likely leading me with the question, as he was correct and there was no reason to deny, or qualify his question in any way, I answered his question by agreeing with him.

His next question was: "Mr Watson, would it be fair to say that you were really under considerable pressure to complete the report on time?"

Again, I chose to agree with him, because he was correct and also because there was no point in denying, that I'd had to rush to complete the work on time.

However, I qualified my answer by adding: "It would be true to say that I am always under considerable pressure to complete my work on time."

By adding that further piece of evidence, it became difficult for him to then go on to argue, as I was sure he intended, that as a result of the time pressure I was under, that I had made mistakes or errors related to my assessment report.

It was difficult for him to have argued this way because, I had stated that I was always under this same, or very similar level of pressure. Which meant that it was not a new situation for me. Hence I was under no more pressure than I was usually under.

As the example demonstrates I was able to answer his questions, without even disagreeing with him. Had I disagreed with him, in my view, it would have been unwise, because there was no benefit to be gained from doing so.

Instead, the likelihood of me trying to deny the veracity of his questions, was that I would present as defensive, and it would give the impression that I was disagreeing for no other reason, than wanting to be disagreeable.

This would not have presented me, or my evidence in the best possible light, and so was in no way useful to me.

Witnesses often seem to think, that they have to disagree and argue with those cross-examining them, but this is not the case. In my view, you come across much better, if you avoid being seen as either argumentative or disagreeable.

The rule I consider it would be useful to follow, is to be like water and 'go with the flow,' until or unless you need to disagree with what's being said.

And if or when, it becomes necessary to disagree, simply explain where you disagree with the person cross-examining you, why you disagree, and whenever possible provide evidence which backs up, or supports your view.

In the example I just shared with you, it was not difficult for me to 'go with the flow.' because through experience, I knew where he was likely to be leading me, and so was able to side step, or avoid the trap, I considered he was leading me into.

However, even if you don't know where those cross-examining you may be leading you, it is not wise to deny just for the sake of it.

What you have to do, is try to be aware of where the questions may be leading you, but at the same time, remain open and thoughtful enough to answer questions put to you in an appropriate way.

If you approach cross-examination with the view, that every question is designed to trip you up, then this will affect the way you answer the questions. My advice is to always take your time, to listen to the entire question, think about how you wish to answer it, and then in your own time do so.

As I say in my book - Family Court: Giving Evidence In Family Family Court, you should not feel pushed into rushing, take your time, if you want to give evidence you are proud of.

You need to manage your time in the witness box by maintaining a great, positive attitude throughout. It is as beneficial to you in the witness box, as it is in your daily life.