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Christian Counseling Connection

11

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CLINICAL PRACTICE

To Tell the Truth... and Nothing More!

David B. Hawkins, ACSW, Ph.D.

FROM

COUCH

TO

COURT

I once heard an attorney sarcastically refer to his colleague, “He

gets paid by the word.”

You would need to have been there to fully appreciate this

remark, but trust me… he was right! The attorney he refer-

enced was verbose and seemed to like hearing himself wax

eloquent.

To be fair, I have been guilty of the same thing. I once be-

lieved that I had the privilege, even the right, to speak forth on

the witness stand. When asked a question, I thought it was an

opportunity to hear myself offer a compelling monologue on

something I had written, or a topic about which I considered

myself an expert. I had a captive audience after all, and this

was a chance to fill the room with my words.

It didn’t take long, however, for the attorney who hired me

to set me straight. “Look, Dr. Hawkins, the more you share in a

deposition or in the courtroom, the more information the other

side has to review what you’ve said and catch you in some

contradiction.”

“But what if there are no contradictions?” I asked.

He continued, “I don’t think you understand the process.

Even if they can’t find a contradiction, they will find something

to discredit you. They will find something that is not fully sup-

ported by the literature, your colleagues, or the latest research.

They

will

find something. Trust me.”

I protested. “I know what I’m talking about and want to

share it with the court. What I’ve written is important to share.

You’ve called me to be an expert witness and I want to show

the court I am that expert.”

At this point, I could see the attorney becoming exasper-

ated with me. He paused and cleared his throat. “I don’t think

you understand,” he continued. “I know you know what you’re

talking about. You

are

an expert and that’s why I’ve called

you. However, the more you say, the greater the opportunity

for cross-examination to challenge your testimony. The more

opposing counsel confronts you, the more likely you are to

become rattled and say something you will later regret, and

which could undermine the case we are trying to make. Trust

me. Tell the truth and nothing more!”

The attorney’s words caused me to sit back and reflect. I

had to consider the truth of what he was saying. The more I

thought about it, the more I realized Scripture supports this

idea. The Apostle James advises, “… be quick to listen, slow to

speak” (1:19). Solomon advises, “Do not be quick with your

mouth, do not be hasty in your heart to utter anything before

God. God is in heaven and you are on the earth, so let your

words be few” (Ecclesiastes 5:2).