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If you temper this advice with the maxim, "Don't ask a question unless you already know the answer", it becomes a lot less dangerous.

Eh Nonymous

As always when I see that maxim, I want to correct it:

It's, "Don't ask a question unless the answer can't hurt you." Which includes as a subset most of the ones in your advice, but is not coextensive with it.

Some open-ended questions are fine. Some open-ended questions where you don't know the answer are fine. Some blind but narrow questions are fine. It depends on what's involved.

And as always, be prepared for the answer to go wrong, and either interrupt (if it's allowed), make an objection, ask for help from the judge, or change the subject. The best trial lawyers are never caught off guard, even when they're caught off guard.

Also: Aaron, why the blog name? You're right more than twice a day, right? Oh, I see, you don't always post more than once a day. Well, once a day is par for the course... for a twenty-four hour clock.

A digital clock that's wrong is always wrong. After all, it is *never* Blinking 12:00, Blinking 12:00 o'clock.


There is something to Fiegler's advice in that witnesses that are rehearsed sound rehearsed. I usually address the topics with witnesses, and how testimony is presented, but don't actually give too many sample questions. I want them to sound natural.

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