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

8/28/2012

65 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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65 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.

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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.

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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.

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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.

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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.

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

thanks

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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.

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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.

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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.

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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.

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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.

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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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Tez link
6/2/2021 04:28:14 pm

I didn't know that a victim or witness is not required to speak with their lawyers. I need to get a criminal defense attorney for my sister Sarah. She is currently trying to sue an accountant that stole money from her.

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Chance Cook link
7/26/2021 05:58:48 am

Thanks for pointing out how a lawyer should ask questions that they don't have an answer for. I can see how the answer could throw them off. But, new answers could help the truth be revealed.

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Bruce Miller link
10/6/2021 03:13:52 pm

I totally agree with you that never ask a question to which you do not know the answer. Thanks for sharing a helpful post.

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1/28/2022 03:03:28 pm

Criminal Law Myths and Legends · No fingerprints and no DNA equals no conviction · A case can always be thrown out if the police did not give I’m so thankful for your helpful post!

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1/29/2022 09:16:09 am

Here are some of the more common misconceptions we as experienced criminal defense lawyers have heard over the years. Thank you for the beautiful post!

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Victoria Addington link
5/13/2022 03:40:57 am

It captured me the most when you shared that a victim or witness is not mandated to talk to or collaborate with the attorneys on either party of a criminal case. My friend should know this since they are facing a civil case. I think they should look for a civil defense law firm that can guide them throughout the battle.

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Braden Bills link
10/3/2022 07:45:38 am

I can imagine that it would be very stressful for a loved one to go to court! It's good to know that you can get a defense attorney to help out with things if that happens. That seems like a good way to help prevent any issues.

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Roy Thomas link
12/12/2022 10:23:47 am

The witness may have been questioned to some degree during a grand jury proceeding or preliminary hearing. But often a criminal attorney, Thank you for making this such an awesome post!

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Tex Hooper link
12/28/2022 02:31:29 pm

That seems like wise counsel to maintain control of the questions. My cousin was just arrested for a DWI. He should probably stay quiet and let the lawyers do the talking.

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757 DEFENCE link
3/28/2023 10:04:01 pm

Very good blog post, the story of grandma is very interesting.
Kudos to writer.

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Julian Caldwell link
7/25/2023 02:08:32 pm

The witness may have been questioned to some degree during a grand jury proceeding or preliminary hearing. Thank you for taking the time to write a great post!

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1/31/2024 08:31:33 pm

This article about the myth in criminal law of never asking a question without knowing the answer was really interesting and kind of fun to read! It's cool to find out that what people often say to new lawyers isn't always the best advice because sometimes, you just can't know everything a witness might say. The story about the grandma in court made me laugh, even though it's not true. It helped me see how tricky and unpredictable being a lawyer can be, especially in criminal cases where you might not get to talk to witnesses ahead of time. I like how the article explains why this advice doesn't always work and makes it easier to understand how courtroom stuff happens in real life. Great job making this topic clear and adding a fun story to make it more memorable!

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2/1/2024 02:29:16 am

This article was super interesting and definitely changed the way I think about what lawyers do in court. I always heard that saying about not asking questions you don't know the answer to, but I didn't realize it's not always true, especially in criminal law. The story about the grandma going to court was funny, even though it wasn't real. It helped make the point in a way that's easy to remember. Learning that witnesses in criminal cases might not talk to lawyers before the trial and how that changes things was something new for me. It's cool to see how lawyers have to be really smart and brave to handle surprises. The writer did a great job explaining this myth and making it understandable and fun at the same time. Now I'm curious to watch "Anatomy of a Murder" to see this in action!

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2/15/2024 05:41:21 pm

This article was fascinating and truly altered my perspective on courtroom strategies employed by lawyers. The common adage about only posing questions to which you already know the answers was debunked, particularly within the context of criminal law, which was an eye-opener for me. The anecdotal story involving a grandmother attending court, albeit fictional, was amusing and served as a memorable illustration of the article's main points. Discovering that witnesses in criminal trials may not converse with attorneys prior to testifying, and understanding the implications of this, was enlightening. It's impressive to observe the intelligence and courage lawyers must possess to navigate unexpected developments. The author excelled in demystifying this legal myth, presenting the information in an engaging and accessible manner. This piece has piqued my interest in watching "Anatomy of a Murder" to witness these dynamics firsthand. Great work on making the topic both informative and entertaining!

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2/19/2024 09:26:55 pm

This article provides valuable insight into a common myth in the legal field and dispels it effectively. It's enlightening to learn that the advice of never asking a question without knowing the answer doesn't always hold true, especially in criminal law cases where witnesses may not be cooperative or accessible beforehand. The example of the legendary story of grandma going to court, although not true, humorously illustrates the importance of proper preparation and the potential risks involved in trial questioning. This article has helped me understand the complexities and challenges faced by attorneys, particularly in criminal cases, and the need for careful consideration and strategic planning in questioning witnesses. Thank you for shedding light on this topic in such an engaging and informative manner!

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3/19/2024 08:14:15 pm

This article sheds light on a common piece of advice given to new lawyers about asking questions in court, using humor and an interesting story to illustrate the point. It effectively debunks a legendary tale while emphasizing the importance of proper preparation and the reality of criminal trial procedures. By highlighting the differences between criminal and civil cases, it dispels the myth that attorneys should never ask questions they don't know the answers to. Overall, the article provides valuable insights into the complexities of criminal law proceedings while engaging the reader with entertaining anecdotes. Great job in making such a complex topic accessible and engaging!

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3/31/2024 07:52:44 pm

This article does a great job of debunking a common myth in criminal law about never asking a question without knowing the answer. By providing examples and explanations, it helps readers understand the complexities of trial strategy and the importance of proper preparation in criminal cases. The humorous anecdote about grandma going to court adds a light-hearted touch to the discussion while effectively illustrating the point. Overall, this article serves as an informative and engaging piece that sheds light on an important aspect of legal practice.

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4/7/2024 10:19:28 pm

This article offers invaluable insights by debunking a prevalent myth within the legal sphere. It's illuminating to discover that the conventional wisdom of never posing a question without prior knowledge of the answer isn't always applicable, especially in criminal law scenarios where witnesses may prove uncooperative or inaccessible beforehand. The use of the fictitious yet amusing anecdote of grandma's court visit effectively underscores the importance of meticulous preparation and highlights the potential pitfalls of trial questioning. Through this piece, I've gained a deeper appreciation for the intricacies and hurdles confronted by attorneys, particularly in criminal litigation, and the imperative for strategic planning and careful consideration when interrogating witnesses. I extend my gratitude for shedding light on this subject matter in such a captivating and informative manner!

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4/10/2024 06:00:40 am

This article offers valuable insights into a prevalent myth within the legal realm and effectively debunks it. It's illuminating to discover that the conventional wisdom of never asking a question without knowing the answer doesn't always apply, especially in criminal law cases where witnesses may be uncooperative or inaccessible beforehand. The humorous example of the fictitious tale of grandma going to court amusingly underscores the importance of thorough preparation and the potential risks inherent in trial questioning. This article has deepened my understanding of the complexities and obstacles encountered by attorneys, particularly in criminal proceedings, and underscores the necessity for meticulous planning and strategic thinking in questioning witnesses. Thank you for shedding light on this topic in such an engaging and informative manner!

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4/16/2024 11:58:37 pm

This article provides valuable insights into a common misconception within the legal field and effectively dispels it. It's enlightening to learn that the traditional advice of never asking a question without knowing the answer doesn't always hold true, especially in criminal law cases where witnesses may be uncooperative or unavailable beforehand. The humorous example of the fictional story of grandma going to court amusingly highlights the importance of thorough preparation and the potential pitfalls involved in trial questioning. This article has deepened my understanding of the challenges and hurdles faced by attorneys, particularly in criminal proceedings, and emphasizes the need for careful planning and strategic thinking when questioning witnesses. Thank you for shedding light on this subject in such an engaging and informative manner!

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5/8/2024 09:13:34 pm

This article provides valuable insight into a common myth in the legal field, debunking the notion that attorneys should never ask a question without knowing the answer. By explaining the rationale behind this advice and highlighting real-world scenarios where unexpected outcomes can occur, such as in criminal cases where witnesses may not have been properly prepared, the article offers a nuanced perspective on trial strategy. It emphasizes the importance of thorough preparation and the limitations of relying solely on witness statements, effectively educating readers about the complexities of the legal profession. Overall, the article contributes to a deeper understanding of trial tactics and encourages critical thinking about conventional wisdom in the legal field. Great job in shedding light on this myth and providing valuable insights!

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5/22/2024 08:21:29 pm

This article really opened my eyes to the realities of criminal law, showing me that the advice "never ask a question you don't know the answer to" isn't always practical in the courtroom. It's easy to think of lawyers as all-knowing, but in reality, they often have limited opportunities to prepare their questions. This article made me realize the challenges attorneys face, especially in criminal cases where they may not have had the chance to fully question witnesses beforehand. It's refreshing to see a myth debunked and replaced with a more nuanced understanding of the legal process. Thank you for shedding light on this topic in such a clear and engaging way!

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5/23/2024 05:06:14 am

This article sheds light on a common misconception in the legal field, especially in criminal law. The notion of never asking a question without knowing the answer is deeply ingrained, but the article reveals the complexities of real-life legal scenarios. By debunking the myth through humorous anecdotes and explaining the practical challenges faced by attorneys, it helps readers understand the nuances of courtroom dynamics. Moreover, the article provides valuable insights into the limitations faced by criminal defense lawyers, particularly regarding witness preparation and the absence of pre-trial opportunities for questioning. Overall, it's a well-written piece that demystifies a prevalent myth in an engaging and informative manner, offering readers a deeper understanding of the realities of legal practice.

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5/24/2024 04:34:00 am

This article debunking the myth of "never ask a question you don't know the answer to" offers a refreshing perspective on trial strategy, shedding light on the complexities of real-world legal practice. By using humor and a legendary story, it effectively illustrates the importance of thorough preparation and the challenges attorneys face in criminal cases where witness interactions are limited. The reference to "Anatomy of a Murder" adds a compelling real-world example, driving home the point that trial strategy requires careful consideration and adaptability. Overall, this article has deepened my understanding of legal practice while engaging me with its entertaining narrative. Well done!



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This article does a fantastic job of debunking a common myth in the legal world and providing valuable insights into the complexities of criminal law proceedings. By using a relatable anecdote and referencing real-life scenarios, it effectively illustrates the importance of proper preparation and strategic questioning in court. It emphasizes the need for attorneys to be diligent and thorough in their approach, especially when it comes to questioning witnesses in criminal cases. Overall, this article serves as a helpful reminder for aspiring lawyers and a fascinating glimpse into the nuances of courtroom tactics. Great job!

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8/27/2024 11:33:13 pm

I found this article incredibly eye-opening and helpful! It really cleared up the myth that lawyers should never ask a question unless they already know the answer. I didn't realize how asking unexpected questions can be a smart move in court, especially when witnesses might not be prepared. Your detailed explanations and real-life examples made the topic much easier to understand and showed me just how complicated trial strategies can be. This article has really changed how I think about legal tactics and taught me to question common advice. Great job on making such a tricky subject so clear and interesting!

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9/2/2024 05:33:29 am

This article about the myth of never asking a question you don't know the answer to was super insightful and really changed how I think about trial strategies! It’s fascinating to learn that, especially in criminal law, asking unexpected questions can sometimes be necessary because lawyers might not always get a chance to prepare thoroughly with every witness. The funny story about grandma going to court added a great touch and made the point even clearer. I now understand that while being prepared is important, flexibility and quick thinking are also key in real court situations. Thanks for making this complex topic so relatable and easy to grasp!




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10/23/2024 02:05:14 pm

It's a common myth in criminal law that you should never ask a question without knowing the answer. However, strategic questioning can reveal key insights in court.

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11/7/2024 03:54:04 am

This article really helped me understand a big myth in criminal law that I didn't know about before. I always thought lawyers should never ask a question they don’t know the answer to, but the article explains that this isn't always true, especially in criminal cases. It makes sense that in some situations, a lawyer may need to ask a question without knowing exactly how the witness will respond, because they don’t always have the chance to talk to the witness ahead of time. I also loved the funny story about "grandma going to court," even though it’s not true, because it made the point clearer in a way that was fun to read. The article did a great job of explaining why lawyers sometimes need to take risks in court to get to the truth, and now I see how complicated criminal law can be. Great job breaking it down!

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5/22/2025 07:07:36 am

This article really opened my eyes to how tricky and unpredictable criminal trials can be. I always thought lawyers should never ask a question unless they know the answer, but now I understand that in criminal cases, that’s not always possible. It helped me see how hard lawyers work, especially when they don’t get a chance to talk to witnesses before the trial. I also liked the story and movie example—it made the topic more fun and easier to understand. This article did a great job showing that there’s more to being a lawyer than just asking questions—it’s about being smart, prepared, and ready for surprises.

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5/28/2025 05:45:04 am

This article really helped me understand an important lesson about criminal law that I hadn’t thought about before. I always heard that lawyers should never ask questions if they don’t know the answer, but now I see that in real life, especially in criminal cases, things aren’t that simple because sometimes lawyers don’t get to talk to witnesses before trial. The way you explained the challenges lawyers face and why this rule is more of a myth made the topic clear and interesting. I also liked the example of the movie “Anatomy of a Murder” — it made it easier to picture what can happen in court. You did a great job breaking down a tricky idea in a way that anyone can understand!

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I really enjoyed reading this article because it cleared up a big myth I had about lawyers and how they question witnesses. I used to think lawyers always knew the answers before asking questions, but now I understand that in criminal cases, they don’t always have that chance because witnesses don’t have to talk before trial. The story about grandma was funny, even if it’s not true! You did a great job explaining why it’s so important for lawyers to be prepared but also flexible during a trial. This article made me see how tricky and unpredictable real court cases can be, and it helped me understand the challenges lawyers face. Great job!

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This article really opened my eyes about a common idea in criminal law—that lawyers should never ask questions if they don’t know the answers. I liked how the article explained why this isn’t always true, especially in criminal cases where lawyers might not get to talk to witnesses before trial. It made me understand that sometimes lawyers have to take risks and ask questions to get the truth, even if they’re not sure what the answer will be. The story about grandma was funny, and I think the article did a great job teaching me that being prepared is important, but sometimes you just have to trust the process. Overall, this article helped me see a part of the law I didn’t know much about before, and I think the writer did a really good job explaining it.

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I really enjoyed reading this article because it helped me understand an important idea about how lawyers have to be careful with their questions during trials. I didn’t realize that in criminal cases, lawyers often don’t get to talk to witnesses before the trial, which makes things tricky. The story about grandma was funny, even if it’s not true, and it made the lesson easier to remember. This article did a great job explaining why the advice about never asking a question without knowing the answer isn’t always true in real life. It made me appreciate how smart and prepared lawyers have to be. Thanks for such a clear and interesting explanation!

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This article really helped me understand an important part of how lawyers work in court, especially in criminal cases. I didn’t know that lawyers often have to ask questions without always knowing what the answers will be because they can’t always talk to witnesses before the trial. The story about grandma going to court was funny, and it made the point clear in a way that was easy to remember. I also liked how the article explained that sometimes, being careful and prepared is really important to avoid surprises that could hurt the case. Overall, this article did a great job teaching me something new about the challenges lawyers face, and I think they explained it in a way that makes the topic easy to understand. Well done!

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I really enjoyed reading this article because it helped me understand an important idea in criminal law that I didn’t know before. I used to think that lawyers should never ask questions unless they already know the answers, but this article showed me why that’s not always true, especially in criminal cases where lawyers might not get to talk to witnesses before trial. The story about grandma going to court was funny and made the lesson easier to remember. This article did a great job explaining why lawyers have to be careful but also flexible during a trial. It made me appreciate how tricky and smart lawyers have to be when asking questions. Great job on breaking down a complex topic in a way that’s easy to understand!

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This article really helped me understand an important idea about asking questions in court. I used to think lawyers should never ask questions if they don’t know the answer, but now I see that in real life, especially in criminal cases, things are more complicated. The article explained how sometimes lawyers don’t get to prepare much or talk to witnesses beforehand, so they have to be careful but still ask tough questions. I also liked the funny story about grandma, even if it wasn’t true—it made the article interesting! Overall, this article did a great job showing why the advice isn’t always true and helped me learn more about how tricky court cases can be. Thank you for such a clear and thoughtful explanation!

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This article really opened my eyes to an important idea in criminal law that I hadn’t thought about before. I always heard the saying “never ask a question you don’t know the answer to,” but now I understand why that isn’t always true, especially in criminal cases where lawyers might not get to talk to witnesses beforehand. The explanation about how unpredictable witnesses can be and how lawyers have to work with what they have made the topic much clearer for me. I also liked how the article used a fun story and a movie example to explain things. Overall, this article did a great job helping me understand why criminal lawyers have to be careful but sometimes have no choice but to take risks in court.

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This article really helped me understand an important rule in law about asking questions in court. I used to think lawyers should never ask questions if they don’t know the answers, but now I see that in criminal cases, things are more complicated because lawyers don’t always get to talk to witnesses before trial. The story about grandma was funny and made the idea clear, even if it wasn’t true! I liked how the article explained why preparation is so important but also why sometimes lawyers have to take risks. The writer did a great job explaining this tricky idea in a way that was easy to understand and interesting to read.

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I really enjoyed reading this article because it cleared up a big misunderstanding I had about criminal law. I used to think lawyers should never ask questions they don’t know the answer to, but now I see that in real life, it’s not always possible because of how cases work, especially in criminal trials. The way you explained why this advice is more of a myth and gave examples made the topic easier to understand and more interesting. You did a great job showing how tricky and important a lawyer’s preparation is, and I appreciate how you made such a confusing idea feel clear and real.

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I really enjoyed reading this article because it helped me understand an important idea about how lawyers work in court. I always thought that lawyers should never ask questions if they don’t know the answers, but now I see that this is more of a myth, especially in criminal cases where lawyers don’t always get to talk to witnesses before trial. The article did a great job explaining why lawyers have to be careful but sometimes must take risks because they don’t have all the information. The story and examples made the topic clear and interesting, and I feel like I learned a lot. Thank you for such a great explanation!

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7/3/2025 04:22:21 am

This article gave me a better understanding of how careful lawyers have to be when asking questions in court. I always thought it was a strict rule to never ask a question without knowing the answer, but now I see that things can be more complicated, especially in criminal cases. It surprised me that witnesses don’t always have to talk to lawyers before trial, which makes it harder for them to prepare. I liked how the article used a story and movie example to make the point more interesting. Great job explaining a tricky topic in a way that was easy to follow and fun to read!

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    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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