how to avoid a question from an attorney

You can help avoid problems with your lawyer by taking these steps:

• Make sure you are working with a licensed lawyer. ...
• Use the Attorney Search feature on this website to verify that the attorney is licensed and to check for any disciplinary history.
• Understand exactly what your lawyer will be doing for you and what it will cost, and get your fee agreement in writing.

Full Answer

How to ask a lawyer a question?

Why do people ask personal or inappropriate questions?

What strategies are commonly used to extract personal information?

Why do lawyers trade?

Why are people reluctant to share information?

What does speed and intensity mean in questioning?

Why do people ask questions?

See 4 more

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How do you politely refuse to answer a question?

Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"

How do you evade a question?

Try one of the following evasive maneuvers instead.Answer with another question. Pause and respond with a question of your own. ... Dodge the question. ... Shame the questioner. ... Start with “No.” ... Ignore the question. ... Put them on the defensive. ... Use a canned answer. ... Give a general answer to a specific question.More items...•

How do you avoid leading questions in court?

If you want the jurors to believe that your witness really experienced what he's testifying about, don't succumb to the desire to lead. Ask the witness questions that start with “Who,” “What,” “Where,” “How,” “When,” or “Why,” and you'll guarantee that your witness tells the story, not you.

What are attorneys afraid of?

Being judged unfairly by potential or actual jurors. Being intimidated by judges. Suffering reprisals from judicial disqualification motions or reporting judicial misconduct. Suffering “the pain, humiliation and shame of defeat.”

How do you deflect nosy questions?

10 assertive tips on dealing with nosy questionsGo with your gut. ... Don't be rude back. ... Use “I” statements. ... Find out more if appropriate. ... Say how you feel about being asked or about giving the information. ... Depersonalise your answer. ... Express your feelings if you want to. ... Move them on.More items...•

Is avoiding a question lying?

Liars and truth-tellers both have pauses in their speech, but good liars avoid answering questions, scientists say. DESPITE WHAT YOU MIGHT think, it is almost impossible to tell a liar from the way they talk, according a new study.

How do you beat a leading question?

Tips to Rephrase a Leading Question If the judge sustains an objection to a leading question, focus on rephrasing the question so that it no longer suggests an answer. In other words, try for a more "open-ended" question.

What are misleading questions?

What is Misleading Question? Or argumentative question means that a question (a) uses logic in such a way that it deliberately causes someone to reach an incorrect conclusion, and (b) makes an argument rather than asks a question.

What are the 3 types of objection?

The Three Most Common Objections Made During Trial TestimonyHearsay. A common, if not the most common trial objection to a trial testimony objection is hearsay. ... Leading. A close second objection is to leading questions. ... Relevancy. The last of the three (3) of the most common objections is relevancy.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What do lawyers care about?

No matter what their role, all Lawyers research, interpret, and apply case law to the specific issues faced by their client. Most Lawyers are in private practice, concentrating on criminal or civil law. Others work for law firms, the government, or various businesses. Lawyers may specialize in a number of areas of law.

What is dodging a question?

Question dodging is a rhetorical technique involving the intentional avoidance of answering a question.

What is dodging a question called?

To avoid providing a clear answer or statement. be non-committal. prevaricate.

How do you dodge a question over text?

Ten strategies to avoid answering inappropriate questionsAnswer the original question with another question. ... Respond with sarcasm or a joke. ... Redirect the question to a topic that you do feel comfortable discussing. ... Use the shame game. ... Begin your answer by saying the word “No”More items...•

What does it mean to deflect a question?

to avoid something such as criticism, blame, or a question being directed at you: The president deflected criticism of his economic record by focusing on crime. He successfully deflected blame for his mismanagement of the crisis. I just tried to deflect questions the best way I could.

19 Ways To Avoid Answering Personal Questions - Live Bold and Bloom

How do you respond when someone asks you a personal question? If you’re like most of us, you hesitate, thinking, “Why on earth would you ask me that?” Then maybe you rack your brain for an appropriate response. Whether they come from friends, family, or someone you barely know, nosy questions don’t obligate you to

4 Brilliant Tips on How to Politely Avoid Answering a Question

Sometimes, we get stuck in situations where we prefer not answering a question posed at us. In such instances, just use lighthearted humor and deflect the answer. This, and some more tricks to politely avoid answering a question, have been summarized here.

The Best Responses to Personal Questions You Don't Want to Answer - Health

Of course, you never have to reply to a question that makes you feel uncomfortable. But there's a better way to handle things than walking away or giving them the evil eye over the dinner table ...

How to Graciously Answer Nosy Questions - Children & Family ...

1. Repaying the offense with a curt response. 2. Caving in just to “be nice,” despite not wanting to, and sharing the information the other person has no right or need to know.

Top 10 Tips for Responding to Inappropriate Personal Questions at Work

"Federal and state laws including the Americans with Disabilities Act, the Pregnancy Discrimination Act and the Civil Rights Act of 1964, to name a few, legally forbid interviewers from asking questions about race, sex, sexual orientation, religion, age, national origin, marital status, or family matters.

What to do when a judge sustains an objection to a leading question?

First and foremost, do not panic! If the judge sustains an objection to a leading question, focus on rephrasing the question so that it no longer suggests an answer. In other words, try for a more "open-ended" question.

Why are non-leading questions problematic?

Leading questions can be problematic because they allow the examiner to unduly influence or control the witness’ testimony. Non-leading questions provide a more “natural” flow of testimony based on the witness’ personal knowledge and recollection of the events.

How to overcome objections to a testimony?

One of the easiest ways to overcome the objection is to rephrase the question to get the testimony you need without putting words in the witness's mouth.

What is the difference between a leading question and a non-leading question?

The leading question assumes an answer that the examiner is hoping to confirm. Whereas, the non-leading form allows the witness to offer a range of responses from their own recollection of the events — and is therefore non-leading.

Why are rules of evidence important?

Rules of evidence are designed to promote reliability and fairness at trial. When attorneys (or self-represented parties) are allowed to use leading questions to "tell the story" by simply asking the witness confirm or deny statements of fact, the potential for unreliable testimony increases.

What is the meaning of "pro se" in a lawsuit?

If you are an attorney or a party in a lawsuit representing yourself at trial ("pro se" or "pro per") — you'll need to learn how to avoid or minimize leading questions on direct examination — if you want to get the testimony you need to prove your claims or defenses.

What is a leading question?

Black's Law Dictionary defines a leading question as "a question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating. ". In other words, the examiner has embedded the answer that he is seeking inside the question. Here are some examples of leading questions:

How do you politely avoid a question?

Not all those who ask personal questions have bad intentions. Sometimes, a gentler approach is in order.

What are some funny ways to avoid answering a question?

Sometimes, the best way to handle a personal question is with humor . Depending on the questioner, that humor might either distract them in a pleasant way or send the message, “Let’s talk about something else. ” Use whatever humor is appropriate to the situation.

What is the best approach for dealing with personal questions?

The best approach for dealing with personal questions is to think like a lawyer. Why?

Can you mix up evasive maneuvers?

If you already have a go-to evasive maneuver, it can’t hurt to mix it up a little.

Do you have to tell someone you don't know what they're asking?

If they don’t need to know what they’re asking, you don’t have to tell them . Simple as that. You’re allowed to respect your own privacy.

Do nosy questions obligate you to answer?

Whether they come from friends, family, or someone you barely know, nosy questions don’t obligate you to answer in the way the questioner intends.

How to avoid answering personal questions?

One great way to avoid answering a personal question is to use a bridge response. "When you bridge you move a question away from a point of vulnerability or awkwardness and toward an area that is likely to provide a positive outcome for you ," says Trish McDermott, a public relations expert and co-founder of Panic Media Training.

When is someone going to ask you a question that you don't want to answer?

February 13, 2019. By Laura Dorwart. February 13, 2019. It's a simple fact of life that at some point, someone is going to ask you a question that you simply don't want to answer. Whether it's a job interviewer, an in-law, or a random stranger who doesn't know where to draw the line, there are a few things as frustrating as dealing ...

Why do people ask awkward questions?

But many times, they simply don't realize they're crossing a line. Give the person you're talking to the benefit of the doubt and politely deflect the unwanted question with a question of your own.

How to dodge unwanted questions?

The easiest way to dodge an unwanted question is to leave some wriggle room in your answer. If someone asks why you haven't quit your miserable job yet to look for a new one, a simple "Who knows? I've still gotta pay the bills in the meantime!" will do. To, "When are you going to graduate?" respond with a vague, "I'm not sure, I guess we'll see!"

What to say when someone asks you about your political views?

For example, if someone asks you about your personal political views around a controversial subject, talk about how frustrated you are with the political climate in general, or mention how great it would be if everyone could come together to have a productive dialogue. In particular, if you shift the tone from negative to positive, the nosy questioner will have to be the downer if they want to bring the conversation back to the original question—and most people don't want to do that. And for more etiquette advice, check out the 20 Social Etiquette Mistakes You Should Stop Making by Age 30

How to respond to an awkward question?

No matter who's asking what, remember this: You have every right to respond to an awkward question by telling the person they've made you uncomfortable. "Be direct and then pivot," says Blaisdell. It's always within your rights to respond to an unwanted question with something like, "It's kind of emotionally fraught, so I'd rather not talk about it. But I'd love to hear about your new [project/job/baby/house]!" See, that wasn't so hard!

How to shame someone who is curious?

If a question is truly nosy, you can subtly shame the asker for being overly curious. Do it in a joking way to keep things light. Something like, "Wow, you're quite the curious one, aren't you?" or "Whoa, I think that's a bit heavy for a party" will shut things down pretty quickly.

How to tell someone you are not answering a question?

In the first way, you can be straightforward and tell the person in an assertive but mild tone that you would not be answering the question. You don’t have to beat around the bush. You could use statements like…

What happens if you feel the questioner is kind of crossing the limits?

I think, after he listens to these answers, he may lose interest in probing any further.

What to do if you retaliate in the same way?

But there is a saying, that if you retaliate in the same way, then what is the difference between you and the other person. Therefore, before you snap back and pin that person to the wall, hold on for a second and rethink. You should display as much as refined behavior and elegance as you can manage, and answer their snooping interrogation politely. This act, not only puts off the questioner, but also makes him/her embarrassed.

Why do we use humor in answering questions?

Using a little humor while answering questions would help a lot, because, the seriousness of the question would just dilute away. But the humor should be lighthearted, and most of the time, should be addressed to your own self. I have listed a few examples which would make your task of incorporating humor in answers a little easier.

What to do when opposing counsel asks questions?

The opposing counsel may ask questions that seem irrelevant or silly, but try not to appear annoyed by the questions or the deposition. Staying calm and giving honest, thoughtful responses to all questions is the best course of action.

What to say when you don't know the answer?

If you do not know the answer, it’s ok to say so. Don’t guess, speculate, play a hunch or try to answer something because you feel like you have to. It’s very likely that, if you mess anything up, it’s going to be trying to answer something you don’t know the answer to. Because a deposition is sworn testimony, say what you know to be true without avoiding giving testimony that you do know. You can also say something like, “I don’t know but my best estimate is x.” This allows you to provide an estimate without being held to anything specific.

What does it mean to answer a question?

By answering a question, it is presumed that you understood the question. Asking the other side to rephrase a confusing question is best.

What is Talkov Law?

The attorneys at Talkov Law practice real estate law, family law, business law, bankruptcy law, and trust & probate law. Our experienced lawyers specialize in assisting all parties involved in these civil disputes by providing the best legal representation.

What is the purpose of a deposition?

A deposition is meant to get a correct answer from deponents, not to test their memory, so a witness is allowed to review referenced documents before giving an answer. Seeing the document may help to refresh their memory. This also makes it clear that they are not trying to evade the question, but rather trying to ensure that their answer is correct.

What to do if you give an estimate?

If giving an estimate, don’t let the other side force into choosing an answer that you are not sure is correct. In other words, don’t allow the other side to restrict your answer.

Is "I don't know" a good answer?

3. “I don’t know” is a perfectly fine answer

What is the fear of a questioning attorney?

When we prepare 30 (b) (6) corporate representatives and executives for their depositions, they are often fearful that the questioning attorney will try to trick them into admitting something that is not entirely accurate. They are also anxious that the attorney will use a few bad facts to distort the underlying message they hope to convey.

How do you respond to a question?

How do you respond? If you try to avoid the question by explaining why you did what you did, a good interrogator will demand that you give a direct answer to the question (“Q: Mr. Smith, will you please answer my question?”). Resist the question again and you risk looking evasive. At this point, you may be tempted to respond, “Yes, but [fill in your explanation here].” By leading with “yes,” however, you run the danger of giving more credence to the question than it deserves. And following with “but” just sounds like you’re making excuses.

How to avoid losing credibility in a deposition?

Understand that you will lose credibility with them if it sounds like you are avoiding the question or being uncooperative. When confronted with a difficult question, don’t stall by trying to hide behind a claim that you “don’t understand” the question when an ordinary listener would. At the same time, resist the urge to concede the attorney’s spin by submissively answering “yes” or “no” to uncomfortable questions.

How to respond to a multilayered question?

This is a good strategy for responding to a multilayered question, some parts of which make you uncomfortable. The question may be accurate, but simply answering “that’s correct” could leave your audience with an inaccurate understanding of what really happened. Instead, sort through the parts of the question, like you would with junk mail, and keep only those you want to respond to, hopefully by weaving in one of your home bases. These answers often start with a phrase like, “If you’re asking me . . . .”

How to prepare for a deposition?

As you prepare for your deposition, get clear on the one or two messages about the underlying facts you want to convey in your testimony. These messages are often affirmative responses to the major criticisms being leveled against the company. These will be the themes of your case; the bigger picture of what you or your company did, and why. Then come up with a concept for each message—a simple phrase or sentence that will represent a core theme of your testimony. This concept is your “home base.” It will be the idea that you want your audience to hear, remember, and use when evaluating your case. Then, when you feel yourself losing control in the deposition, use your home bases to pivot away from an aggressive questioner and toward the affirmative message you want to send.

What is the last phrase in a deposition?

The last phrase is key when your adversary tries to use your deposition against you during trial. By adding “as I previously explained” at the end you are making it clear to your audience that there’s an explanation for your answer, and it’s the questioning attorney who’s trying to avoid a complete and accurate response to his question. Then, when your adversary tries to use the admission against you at trial, your own attorney can invoke the “rule of completeness” and demand that your previous explanation be read to the jury.

How to ask a lawyer a question?

When asked a question, either socially or professionally, lawyers will pause and think carefully about their answer. These precious few seconds are critical time needed to mentally cycle through and analyse: 1 Who the information is likely to benefit or work against 2 What purpose the information could potentially be used (whether good or bad) 3 Why the question is being requested in the first place 4 Whether there is a need for the information to be shared

Why do people ask personal or inappropriate questions?

Humans are naturally curious. We love discovering little known information about others, because it gives us a social metric to compare our own success or failure.

What strategies are commonly used to extract personal information?

People who routinely ask personal or inappropriate questions are usually brash and unapologetic. Some common strategies involve:

Why do lawyers trade?

This is because lawyers trade in the exchange of information everyday. They are considered with their responses and trained to weigh facts, risks and possible outcomes. Lawyers understand common motivations behind enquiring human minds, and the far-reaching implications of private information getting into the wrong hands.

Why are people reluctant to share information?

The very reason you are naturally reluctant to share information with them is because they live on the outskirts of your social world.

What does speed and intensity mean in questioning?

The speed and intensity of this style of questioning leaves you with zero time to answer with anything other than the truth before the next wave of questions hits you.

Why do people ask questions?

In its least offensive form, personal questions can be asked out of curiosity and an genuine desire to get to know you. On the other end of the spectrum, however, these interrogations can be carried out with the goal of obtaining your personal information and misusing it.

Definition of A Leading Question with Examples

A Simple Way to Overcome The Objection

• One of the easiest ways to overcome the objection is to rephrase the question to get the testimony you need without putting words in the witness's mouth. Example #1 Original: “You were at Seagull’s Pub the night of October 31st, right?” Rephrased: "Where were you on the night of October 31st?" Example #2 Original: "Didn't you only drink water all n...

See more on thelegalseagull.com

Tips to Rephrase A Leading Question