Don’t Enter That Time Machine: Ask the Question, “What Would You Have Done Differently?”

“Looking back at this situation, what if anything would you do differently?” Witnesses can be asked that question in a variety of case types: medical malpractice, products liability, contract, fraud, and really anything that involves a conceivably questionable past decision. And this question can be tricky to answer. For the witness who begins listing their own lessons learned and the alternate paths they could’ve taken, it sounds like a confession on the inadequacy or the error of what they...
By: Holland & Hart - Persuasion Strategies

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