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I don’t think a Fair Witness would be so vulgar (although Heinlein would certainly be amused)
So the WSJ Law Blog appears to be a little in love with a book called “The Curmudgeon’s Guide to Practicing Law.” One example why comes from the author’s explanation of how he trains witnesses to give very patient and narrow answers at depositions by using the example of Heinlein’s Fair Witness (from Stranger in a Strangeland). Fair Witnesses give very specific and narrow answers, without any personal opinion or speculation, and that’s exactly what a deposition witness should do.
I gotta’ give a thumbs up to any book which cites to Heinlein for practical legal techniques. Although, personally, when I was preparing witnesses for depositions I found the easiest way to get them to understand was to tell them to answer like a five-year old. You know how you’ll ask a little kid a question and they’ll often give you a nice simple answer which is often utterly infuriating because it’s a simple and direct answer to the question but not an answer to what you were really asking? Well that’s how a depo witness should answer - truthful, but simple. And invariably, the worst witnesses (and the ones who get themselves and the case in the most trouble) are the ones who try to be all clever and/or fuck with the questioning attorney. Never works.
Although it can be entertaining to watch (and yes, we’ve posted this before, but it’s just too damn funny):
