Tell the Truth
Always tell the truth. This not only allows you to live a life of integrity, it's a means of keeping you from the attorney's trap. When you're on the witness stand, opposing counsel may attempt to lure you into an argumentative posture by asking unanswerable questions. For example, concerning a workers' compensation case, you may have testified that you witnessed the subject lifting a heavy bucket from the front yard and carrying it to the backyard.
Counsel may ask how you know it was heavy. You answer that it was large, with a wide circumference, and it appeared to be full. She may counter by asking how large and wide it was, and she may continue along those lines: Did you get out and measure it? Did you attempt to lift it? No? Then how can you know it was heavy? How can you ask this jury to believe it was large when you can't even tell them how large?
What does large mean? You answer that it was full and the subject strained while carrying it. Counsel may ask how you know it was full when you couldn't see inside. How do you know it wasn't pine straw or feathers? How do you know it wasn't empty? You answer that the subject used both hands to carry it. Counsel may ask if it is possible that an injured man might need to use both hands in lifting even a light object?
Even when you tell the truth, it's the job of opposing counsel to try to confuse you and poke holes in your testimony. By misrepresenting anything, you play into her hands. Lies are difficult to keep straight, especially under the pressure of cross-examination. Tell the truth and you won't have to worry about concocting another lie to cover the one before it.
You get the picture. The opposing counsel is trying to place doubt in the mind of jurors — doubt that you saw what you saw — or worse, doubt that you haven't done your job properly. The only defense is to answer truthfully and without emotion. Being truthful will enhance your credibility and could even cause counsel to appear to be badgering you. Most jurors don't like that.
