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Podcast: Holland & Knight Legal Podcast
Episode: Rule 5a: Don’t Answer a Question You Don't Understand
Description: In the latest episode of his "Powerful Witness Preparation" podcast series, "Don't Answer a Question You Don't Understand," Holland & Knight litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. In this episode, he reminds listeners that witnesses should only answer the questions they fully understand. What does it mean to "fully understand" a question? Mr. Small describes three tests — clarity, comprehension and comfort — but emphasizes that above all, if a question contains assumptions that the witness doesn't understand, doesn't agree with or simply isn't comfortable with, they should not answer. When in doubt, "Please rephrase the...