Good Oral Argument Tip -- Try Not To Lie.



Don't you hate it when a witness lies under oath?

Actually I enjoy it, at least when I am cross-examining the little weasel.

The CIA, which knows a thing or two about lying, came up with this nifty list of how to determine if someone is lying:

The goal is to find “clusters’’ of deceptive behavior. A cluster is two or more behaviors, when the first happens within five seconds of a question. Examples of verbal deceptive behaviors:

1. Failure to answer the question directly.

2. Overly specific answers.

3. Verbal attacks at the person asking the question.

4. Enhancing qualifiers: “To be perfectly honest,’’ “candidly,’’ etc.

5. Being overly courteous or complimentary: “That’s a great question!’’ “You know, I knew I came to the right place. . .’’

6. Protest statements: A response to a question that is designed to convince rather than convey information. “A CEO of a public company would never do such a thing.’’

Examples of physical deceptive behaviors:

1. Changing one’s anchor point: Shifting in a chair, going from standing straight to leaning on a wall or table, etc.

2. Adjusting clothes, hair, jewelry, etc.

3. Covering one’s mouth or eyes.

Judges, do any of these look familiar?

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