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A Criminal Law Myth: Never Ask a Question to Which You Do Not Know the Answer

8/28/2012

17 Comments

 
It is common advice given to new lawyers in trial:  Never ask a question you don't know the answer to.  The idea is that you don't want to be surprised by a witness and have someone (intentionally or unintentionally) torpedo your case from the witness stand.

The following legendary story of grandma going to court illustrates this concept in a funny and unexpected way:
Picture
(Unfortunately, this story isn't true.  http://www.snopes.com/legal/grandmacourt.asp.)

Of course, in real life, attorneys are not usually afraid of the witness revealing embarrassing information about them, but are concerned the witness will say something unexpected about the evidence that effectively ruins the attorney's case.  This can happen as a result of lack of proper preparation.  Or, in criminal cases, it can happen because of little or no opportunity to talk to the witness before trial.

A victim or witness is not required to speak to or cooperate with the attorneys on either side of a criminal case.  Unlike in a civil case, there are usually no depositions or interrogatories, or other opportunities to question a witness before trial.  The witness may have been questioned to some degree during a grand jury proceeding or preliminary hearing.  But often a criminal attorney has to rely on statements the victim or witness previously made to police or others. 

That is why, in the field of criminal law, it is a myth to suggest that a lawyer should never ask a question to which she does not know the answer.

For an example of why an attorney should not ask a question without first knowing the answer, check out the Academy Award winning movie "Anatomy of a Murder" with George C. Scott and Jimmy Stewart:
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17 Comments
Lehigh County Law link
12/18/2012 06:13:36 pm

They need to make new laws so that it would not happen again in the future.

Reply
click here link
6/16/2013 03:31:03 am

One of the best lawyers to solve your legal problems.

Reply
Zequek Estrada link
6/16/2016 06:56:29 pm

I wasn't aware of the differences between a civil and criminal case. It's pretty interesting and I wouldn't mind learning more about criminal cases. Though I really think it would be funny if the story happened in real life.

Reply
Ivy Baker link
5/3/2018 04:30:40 pm

This is some really good information about criminal law. It is good to know that before a trial witness normally doesn't get witnessed. That does seem like a good thing to be aware of when you are involved in a criminal case.

Reply
David @StorobinLawFirmNY link
6/2/2018 12:06:01 am

I aws so hooked up but then again I had read the link at the bottom of the image. To my surprise it wasn't all true. But anyway, it's a good read and a very interesting case in downtown Mississippi.

Reply
Hazel Owens link
7/11/2018 03:44:48 pm

That's interesting that in criminal law the lawyers rarely are able to interview or get a deposition from a witness before the trial, unlike civil cases. It makes sense that they would do this since they wouldn't want the witness to be influenced by either side nor make a deal or be pressured into saying something they otherwise wouldn't have said. So that makes it good for an attorney to ask questions they do not know the answers to during a trial since they otherwise will not have a chance to ask those questions.

Reply
harrykane
7/14/2018 03:59:08 am

thanks

Reply
Penelope Smith link
1/25/2019 07:33:33 pm

I liked what you said about how it would be smart to ask if you would be getting a new trial lawyer. That does seem like a good thing to remember when you want to hire a lawyer. Personally, I would want to work with the same lawyer the whole tile.

Reply
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3/14/2019 07:39:05 am

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Bob link
5/14/2019 02:54:32 pm

I like your tip about how attorneys are not usually afraid of revealing embarrassing information about their client. That makes sense considering they have to uphold the truth and present all evidence. I'll have to consider your tips so that I can get a proper DUI attorney.

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Penelope Smith link
5/24/2019 09:05:43 pm

I liked what you said about how most attorneys just worry about their witnesses are going to relieve something bad about their evidence. It seems like you should consider that when you are gathering witnesses. It might be best to have professional help with that.

Reply
Penelope Smith link
7/24/2019 09:08:05 pm

I liked that you pointed out that a lawyer will help find victims and witnesses. That is good to know if you need to go to court over an accident or a disability dispute. After all, you don't want to mess that stuff up.

Reply
Penelope Smith link
10/24/2019 09:33:53 pm

I liked what you said about how you should think about speaking to a lawyer right away. It is good to know that you should think about having one even if you are giving a witness statement. That is something you would have never thought about doing.

Reply
Randy Chorvack link
11/4/2019 07:11:14 am

It's interesting how you said that a lawyer shouldn't ask a question to which she doesn't know the answer so that the witness doesn't say something unexpected. I can imagine that questioning is a really tricky process. My cousin got a DUI this weekend so I'll have to make sure that he knows how to answer the questions the lawyer might ask well.

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Tori Raddison link
12/2/2019 07:27:31 am

It makes sense that an attorney would be concerned a witness will say something unexpected because you want to be prepared when you're in court. It's a really delicate process that you don't want being ruined with new information. I'm definitely going to keep that in mind when I go to court on Saturday.

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rachel frampton link
4/15/2020 01:20:06 pm

I agree with you that attorneys are not afraid when witnesses reveal the truth. I've been planning to file civil litigation case, that's' why I'm currently looking for a lawyer. I never knew in civil cases there'll be no depositions or interrogatories needed.

Reply
emily bennette link
7/8/2020 02:17:44 pm

I liked that you pointed out that it would be smart to know that with proper preparation being a witness will be really simple and stress-free. That is good to know if you are going to be involved in a big case. Personally, I would want to talk with a consultant about how to answer questions in the best way for a trail.

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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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