Most of us believe that we have a good memory. That our memory is like a film recording that we can play back to provide an accurate recollection of events. However, research shows that the truth is much different. Recent studies reinforce the fact that our memories are fallible and unreliable, even though an emotional connection with an event enhances memory formation.

Observations are limited to what the witness saw, heard, smelled, tasted or touched. An “expert”, however, may provide an opinion as to what a set of observations may mean. They are allowed to interpret the observations and provide the court with an analysis and professional opinion.

How you testify is equally as important as what you say. Being a jerk can mean losing your case merely due to inappropriate behaviour.

The Unpleasant Truth I recently came across this cartoon. It depicts two booths. The booth with a long line dispenses comforting lies. The other booth has no line, dispenses the unpleasant truth. The cartoon reminded me of a potential client that came into our office the other day. He was charged, as so many of…

logo-footer