Page 5 - DIVA_1_2017

Good Questions

Bad ('uestions

I think it was Socrates who once said: The truth lies in Lawyer: And why did that upset you?
the question, not in the answer. Witness: My name is Susan

It sounds counter-intuitive, doesrrt it? On close examina- Lawyer: Doctor, before you performed the autopsy, did
tion however, there is a lot of wisdom embedded in this you cheqk for a pulse?
utterance, after all; this is Socrates we're talking about! Witness: No
We win return to Socrates later. Lawyer: Did you check for blood pressure?
Witness: No
Ask any self-respecting barrister/lawyer and theywould Lawyer: Did you check for breathing?
tell you: Never ask a witness a question that you dori't Witness: No
already know the answer to. Now, you may wonder to Lawyer: So, is it possible that the patient was alive when
yourself, what's the point in asking a question that I al- you began the autopsy?
ready know the answer to? Good, keep this wonder to Witness: No
yourself and doft share it with anyone else otherwise, Lawyer: How can you be so sure, Doctor?
they will think you are at best naive, and at worst, just Witness: Because his brain was sitting on my desk in a jar
down right stupid. A lawyer who allows him/herselfto be Lawyer: But, could the patient have still been alive nev-
surprised by an answer they didn't expect simply means ertheless?
they lose control of the situation in the courtroom. You Witness: It is possible that he could have been alive and
dorjt believe me? Okay, here are some real life examples practicing law somewhere
of exchanges between idiotic lawyers and witnesses on
the stand: Those amusing exchanges give you an idea how the ex-
amining lawyer put himself in a difficult situation after
Lawyer: Doctor, how many autopsies have you per- the witness reply and basically lost control as the peo-
formed on dead people? ple in the courtroom, probably including the judge, fell
Witness: All my autopsies are performed on dead people about laughing.

Lawyer: How was your first marriage terminated? As a business consultant, I took the principle of 'good
Witness: By death question' to heart, sometimes too much to heart, to be
Lawyer: And by whose death was it terminated? honest. I agonized over my questions to make sure I
extracted the right data / information from my sub-
Lawyer: What is your date of birth? ject. I also resented it when people did not listen to
Witness: July fifteenth my questions carefully and answered what they felt I
Lawyer: What year? wanted to hear or provided what they thought I should
Witness: Every year! know.
Lawyer: How many times have you committed suicide?
Witness: (looking at the judge) Is that a question? On the other hand, as a subject of interviews by business
consultants, I could not help but judge the person who
Lawyer: And where was the location of the accident? was asking me redundant or dumb questions. So much
Witness: Approximately milepost 499 so, I occasionally refused to answer particularly dumb
Lawyer: And where is milepost 499? questions. For me, the dumbest questions are the closed
Witness: Halfway between milepost 498 and 500. ones that require "yes" or "No" answers like: 'are you a
good manager?"; "Are you self-starter?"; "Do you like
Lawyer: Was it you or your brother who was killed in the working here?"; "Do you encourage teamwork?" How-
war? ever, there are dafter open questions like:
Witness: What do you think, counselor?
* Why are you in business?
Lawyer: Whatwas the first thingyour husband saidwhen * What motivates you?
he woke up? * Where do you see yourself in 15 years?
Witness: He said, "Where am I, Cathy?" * How would you like to be more profitable?

IN TER N ATIO N AL DI PLO M AT - DIV A 3