AuthorStephen Grant
g Part Tw g
In 1957, humourist Art Linkletter (from Moose Jaw, Saskatchewan,
no less) published a book, later made into a TV series, called Kids Say
the Darndest Things. This expression could equally apply to witnesses,
although using a much stronger adjective.
At a trial years later, I kept objecting to a lawyer leading her client.
Finally, the trial judge said, “Ms. X, the evidence must come from your
client, not you.” “I know, Your Honour,” she protested. “But she’s telling
it wrong.” Amusing as that is, I’m sure we’ve all had that experience.
There’s a critical point or two, for which we extensively prepare the
witness, and he or she gets it dead wrong. And there’s precious little
we can do about it. Of course, as backdrop, there’s the ne line in our
work between preparing and “wood-shedding” a witness. Here, our two
well-regarded practitioners dissect the problem of the fallibility of wit-
nesses and oer some thoughts.

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