recorded statements
TRANSCRIPT
Recorded Statements
Q: What gear were you in at the time of the crash?
A: Gucci sweats and Reeboks
Q: Have you lived in this town all your life?
A: Not yet
Q: Did you blow your horn or anything?
A: After the accident?
Q: Before the accident.
A: Sure, I played for ten years. I even went to school for it.
Recorded Statements
The Impact of the Statement on the Third-Party Case
Should a Recorded Statement Be Taken?
Advice for Taking a Statement
Impact of the Statement
Not privileged
Discoverable in the third-party case
Admissible against the worker
Will carry great weight with the jury
Should a Statement be Taken –Two Schools of Thought
Yes – Preserve evidence and let chips fall where they may
No – Too prejudicial to third-party case
Pitfalls with Statements
Importance of details unclear at the time
Worker guesses at answers, tries to be helpful
Worker hesitant about being truthful
Worker humbly accepts blame
Downplays seriousness of injuries
Advice for Taking Statements
Retain Counsel in Serious Cases
Take Notes Instead
Give Instructions to the Witness First
Do a Dry Run
Stick to the Relevant Facts
Remain Serious At All Times
It ain't what you don't know that gets you into trouble.
It's what you know for sure that just ain't so.
Remember what Mark Twain said:
