Tuesday, July 14, 2009

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?

14 comments:

Anonymous said...

behaviors that are not relevant:
1. Making or not making eye contact.

Dr. Phil would disagree. Dr. Phil says: Too much or too little eye contact is a sign someone is lying.

Anonymous said...

10:04, Dr. Phil is incorrect. In some cultural backgrounds [Native American] consider it extremely rude to make continuous eye contact while they are talking with some one. Doesnt mean they are lying.

Snake Mary said...

They should add to the list 'When it's a CIA officer being questioned.'

Anonymous said...

10:35-- Dr. Phil is a cracker. In South Asian culture direct eye contact is generally regarded as aggressive and rude.

Fake John Gotti For Shumie said...

Shumie Time called 3:30.

Anonymous said...

They all look familiar, I do them all the time.

Anonymous said...

That is rich coming from the CIA. Biggest liars of them all.

Anonymous said...

They [CIA] know plenty about lying, and their best methods for getting information is NOT torturing

Anonymous said...

Remember, its not a lie if you believe its true--George Costanza Seinfeld

Anonymous said...

11:34, nice one.

Anonymous said...

This list is like 'how to tell if someone is a bad actor' as opposed to 'how to tell if someone is lying'

Anonymous said...

A liar uses your words to answer questions, e.g. Q:

"Did you have sexual relations with this woman?"

A: "I did not have sexual relations with that woman."

Anonymous said...

Fletcher: You scratched my car!

Motorpool Guy: Where?

Fletcher: [indicating with his hands] Right there!

Motorpool Guy: OH... That was already there.

Fletcher: You - -LIAR! You know what I am going to do about this?

Motorpool Guy: what?

Fletcher: Nothing! Because if I take it to small claims court, it will just drain 8 hours out of my life and you probably won't show up and even if I got the judgment you'd just stiff me anyway; so what I am going to do is piss and moan like an impotent jerk, and then bend over and take it up the tailpipe!

Motorpool Guy: [tossing the keys to Fletcher] You've been here before haven't ya?

The Constant Complainer said...

SFL, 'Liar Liar' is one of the greatest movies ever made. I love when Fletcher cross-examines Mr. Falk. LOL.

I've taken many interviewing and interrogating classes over the years. Anonymous should put more faith in the list...