I'm sure this attitude would piss off a lot of lawyers, but lucky for you I'm not a white collar criminal, so you don't need to worry about meeting me in a courtroom.
I'm sure this attitude would piss off a lot of lawyers, but lucky for you I'm not a white collar criminal, so you don't need to worry about meeting me in a courtroom.
All the things that article describes as "evasiveness" are what I'd describe as taking into account the messiness of the world. I mean, I might remember being at a restaurant with people and deciding to go to a show with them. Did I actually go to the show? I don't know, maybe I changed my mind on the way if I have no memory of the show or maybe I did go.
A lot of the article seems about ways to bully people into making "obvious" conclusions, stating things definitely when they are not, in fact sure of their answers and so-forth. And a lot of tactics are about the common sense of language. "Surely you'd remember X if you in fact did it" "Come on, either the situation had X quality or it didn't" etc. In contrast to this intuition, I think there are quite a few studies on memory and language having some inherent fuzziness to them.
Edit: in defense of the parent article, it's writing in an assumed context of professionals operating according to standards. In this context, people have both an obligation and a series of reminders to be exact in their memory of events and the events themselves should be more cut-and-dried. The real problem is someone expects this standard of exactness to carry over to casual human activity (writing, tweeting or socializing).
Ditto for verbal communications. I had a call with a lawyer at a vendor once asking me about a conversation I had with a reporter. (Not a deposition.) As I recall :-), my answer was along the lines of I know the journalist in question and have spoken to them many times and I vaguely remember being briefed at some point by the $VENDOR in question on $TOPIC but I have no idea who I spoke with or exactly when it was.
I'd sometimes Google an issue and end up back on my own website reading an article I forgot I already wrote.