While there is no surefire on-the-spot way to sniff out dissemblers, there are some helpful tactics for uncovering untruths.
Liars often give short or one-word responses to questions, while truth tellers are more likely to flesh out their answers. According to a 2003 study by DePaulo, a liar provides fewer details and uses fewer words than an honest person, and talks for a smaller percentage of the conversation.
Skilled liars don't break a sweat, but the rest of us get a little fidgety. Four possible giveaways: shifty eyes, higher vocal pitch, perspiration and heavier breathing. Of course, not everyone who doesn't meet your gaze is a liar.
If you think this advice might be helpful to your deposition-and-trial practice, check out the full article. While not written specifically for lawyers, much of it applies to what trial lawyers do.
Related posts:
1. "Practice Tip: Assume Your Deposition Witness Is Lying."
2. "Cross-Examining the Liar at Trial: Two Absolute Prerequisites."
This seems to run counter to the pre-deposition advice many give to their clients: to keep their answers responsively short...And, when appropriate, only YES or NO.
Posted by: John Loggins | November 02, 2010 at 10:50 PM