It is not uncommon for confusion to arise during an examination for discovery. Few people use legal terms on a regular basis or are ever familiar with what most of them mean. Factor in the stresses that present themselves in these sorts of situations and it is obvious why miscommunication and mistakes are prevalent.
It is vitally important to understand the questions that you are being asked if you are going to be able to answer them correctly. In the following video, James A.S Legh discusses the issue.
Pay attention and listen carefully to the question before you answer.
Do not hesitate to ask for clarification if you do not understand something. If you do not know a certain word or phrase, ask for the question to be put another way. If you think that you missed something, ask for the question to be repeated. You have to make sense of the question if you hope to answer it accurately.
Good to Know:
You can take ownership of the situation by rephrasing a misunderstood question yourself. By posing and answering the question as you understand it, you are taking initiative and remaining present and active during your examination for discovery.
James Legh will explain the importance of keeping your answers clear and succinct in the next installment of our series.